76 Iowa 347 | Iowa | 1888
— For some time prior to the thirtieth day of January, 1888, one F. Hosford was the owner of the property in controversy, which consists of horses, buggies and other articles comprising a livery stock kept in the town of Missouri Valley. Appellant claims that prior to the twenty-first day of that month he had negotiated for the purchase of this stock, and that on the day named he agreed to take it at the price of twenty-two hundred dollars, and paid thereon the sum of five dollars ; that on the thirtieth day of January the purchase was concluded, the remainder of the price paid, and possession taken. .It appears that on the last-named date the wife of Hosford commenced an action for divorce, in which she asked and was given a writ of attachment against the property of her husband. This was served a few hours after plaintiff claims to have perfected his purchase, by levying upon and taking the property alleged to have been purchased as
chargeable with notice of the fact that the husband was transferring the property for the purpose of placing it beyond the reach of his wife. The case of Daniels v. Lindley, 44 Iowa, 567, is relied upon as supporting this position. That case decided that the whole of the real estate of the husband could not be seized and passed over to his wife to the exclusion of creditors; that alimony is an equitable allowance made to the wife upon the dissolution of the marriage relation, and that it should be based upon the value of the husband’s estate, taking into consideration his debts. No question of fraudulent conveyance wTas involved. While it is true that the claim for alimony is not a debt within the ordinary meaning of that term, and that it must be ascertained and allowed according to equitable principles, yet it is also true that it is a right, contingent to some extent, which becomes vested with the right to a divorce. It can no more be defeated by a fraudulent conveyance than it could if it were fixed and certain as to amount. As bearing upon this question, see Day v. Lown, 51 Iowa, 369; Miller v. Dayton, 47 Iowa, 318; Chase v. Chase, 105 Mass. 386; Bongard v. Block, 81 Ill. 186; Bouslough v. Bouslough, 68 Pa. St. 499; Draper v. Draper, 68 Ill. 21.
Aeeikmed.