88 Iowa 565 | Iowa | 1893
The plaintiff brought her action to quiet title to the north half of the southeast quarter of section 14, township 68-, range 18, and the southeast quarter of the northeast quarter of the northeast quarter of section 22, township 67, range 18.
The defendants deny the plaintiff’s ownership of the land. They aver that they each have judgments against her husband, A. J. Porter, and others, which are liens upon said land; that said judgments were recovered for goods sold to the firm of Williamson & Porter, while Porter was a member of said firm, and while the title to said land was in A. J. Porter, and said credit was extended to said firm under the belief that A. J. Porter was in fact the owner of the land in controversy; that the firm of Williamson & Porter have disposed of all their property with the intent to defraud their creditors, and to hinder and delay them in the collection of their claims; that said firm is' insolvent; that on July 28, 1890, said A. J. Porter, the husband of the plaintiff, conveyed said land to her, without consideration, and for the purpose of defrauding, hindering and delaying said creditors in the collection of their claims; that the plaintiff participated in said fraud and fraudulent intent. A decree is asked setting aside the deed from A. J. Porter to the plaintiff, and declaring the defendants’ judgments to be liens upon the land. It appears also that writs of attachment had been sued out by all of the defendants, except H. L. Spencer & Co., and levied upon the land in controversy. • The plaintiff denied all of the allegations of the answer. The court dismissed the plaintiff’s
The case needs no extended discussion. The facts stated show that the one thousand, three hundred dollars was a gift from the wife to her husband, without conditions, promise, or hope of repayment. So far as was in her power, she made this money the husband’s and permitted him at all times to deal with it as his own. He transacted all of the business, bought the land. It does not appear that when the purchase was made she expressed a desire even that the title should be taken in her name. The money absolutely vested in the husband, and the law in such a ease does not create or imply an agreement that he shall return it to the wife, when the parties have done nothing to indicate that such was the arrangement. To permit her, under such circumstances, to retain the land as against the claims of his creditors, would be holding out an inducement for fraud. The conveyance to the wife was voluntary and without consideration. Courtright v. Courtright, 53 Iowa, 57; Patterson v. Hill, 61 Iowa, 534; Hanson v. Manley, 72 Iowa, 48; Romans v. Maddux, 77 Iowa, 203; Bump on Fraudulent Conveyances, page 311.
The judgment and decree of the district court will, be apeirmed.