110 Iowa 440 | Iowa | 1900
The statements found in defendant’s-answer to which plaintiff’s motion was directed were, in effect, general and special denials of certain allegations in the supplemental petition. The allegations which were denied’ recited the issuance and levy of the writ, and proceeded as follows: Paragraphs. Alleges that on or about the fifteenth-day of February, 1897, the Lynchburg Trust & Savings Bank was the owner of said premises levied upon under said writ of attachment, and on said date the defendant E. Schafer purchased said premises from said Lynchburg Trust & Savings Bank; but, for the purpose of cheating and defrauding plaintiff and other creditors, the said E. Schafer caused said, premises to be conveyed to Eugenia M. Schafer, his wife, who accepted title thereto with the intent and for the purpose of aiding and assisting the said E. Shafer in cheating- and defrauding his creditors. Paragraph 3 alleges that by virtue of the levy of said wifit of attachment the plaintiff has a lien upon said premises that is paramount and superior - to the lien of the defendant Eugenia M. Schafer. The motion was to require the defendant to state whether or not she was.
At the trial plaintiff offered no evidence to sustain the .allegations of its supplemental petition, which, as we have seen, were denied by the defendant, and decree was entered .as before stated. While this decree may have given defendant more than she was entitled to under the pleadings, yet plaintiff is in no position to complain, for the reason that it •does not appear that it had any lien upon or interest in the property. Moreover, plaintiff does not raise the point that the final decree, as entered, is not justified by the pleadings. There was no prejudicial error, and the judgment is AEEIRMED.