59 Iowa 717 | Iowa | 1882
-I. The petition alleges among other matters that plaintiff acquired title to lot 22, in the town of Frank-ville, under a sheriff’s sale and deed made pursuant to a judgment against the First Methodist Episcopal Church of Frank-ville; that just prior to the sale, the church fraudulently, for the purpose of delaying and hindering its creditors, conveyed a part of the lot to Smith Aldrich and executed a mortgage upon-the other part to Eveline Lane, to secure $335, and that these conveyances were voluntary and without consideration. It is alleged that Aldrich, conveyed the property deeded to him by the church to Germund Merrill, who had notice of plaintiff’s title and took the conveyance without consideration for the purpose of defrauding plaintiff. The petition prays that plaintiff’s title be established against the deed and mortgage referred to, and that they be declared void and of no effect. The church, Aldrich, Lane, and Merrill, are made defendants. They answer the petition denying all fraud, and alleging that the conveyances assailed in plaintiff’s petition were made in good faith and upon sufficient consideration, and are valid and lawful instruments, and they ask that, by proper decree in this case, it may be so declared, and that they have such other relief as they may be entitled to under the rules of equity. Other allegations of the pleadings need not be here recited.
II. Upon the evidence and admissions of the pleadings, we find the facts of this singular case to be as follows:
1. The First M. E. Church of Frankville, prior to the
2. Litchfield afterwards claimed payment from the church, and a settlement or compromise of his claim was made, and the promissory note of the church, by its trustees, was made to him for $133. Upon this note Litchfield afterwards recovered a judgment for $122.18 and $14.45 costs, upon which lot 22, whereon the house of worship and parsonage were situated, was sold to Litchfield for $153.92, being, as we understand it, the amount due upon the execution. In due time a sheriff’s deed was executed to Litchfield, who by quit claim deed conveyed the property to plaintiff, Robinson, for the consideration of $171.66.
3. Three days before the judgment was rendered in favor of Litchfield the church by its trustees conveyed that part of the lot upon which the parsonage was situated to Aldrich for
i. On the same day the deed to Aldrich was made, the church executed a mortgage to Mrs. Lane. Her husband was one of the trustees of the church executing the notes to Tea-bout, and subsequently died. It is shown that she succeeds to all his rights and property. It appears that when Litchfield demanded payment of the church, Mrs. Lane insisted that she should also be paid, and the trustees executed the mortgage to secure her.
5. It is shown that the church edifice cost from $6,000 to $7,000, and we find that it is worth at least $3,000. The plaintiff is the pastor of the Presbyterian Church at Frank-ville, and the evidence shows that he intends the property in controversy for the use of his own church. It is shown that he estimates it to be of the value of $3,000, and that he stated he should report it to the “Presbyterian Church Board of Extension” as of that value, and from this “board” he expected to receive a part of the sum the property cost him. His statements to this effect are proved, and he does not in his testimony deny having made them. We think the testimony shows that all of the lot in controversy, including both the house of worship and the parsonage, is worth at least $3,500.
6. The defendants, as well as the trustees of the church executing the deed and mortgage to Aldrich and Lane, testify that it was not the purpose of the transactions to defeat or delay ,Litchfield in the collection of his claim, but the conveyances were made in good faith to pay and secure the claims of the grantees.
III. We are quite clear in our own opinion, however, that the trustees were quite anxious that Aldrich and Lane should have preference to Litchfield. But this is not a fraud as to
IY. Plaintiff insists that Mrs. Lane’s mortgage is not based upon a valid claim against the church, for the reason that the note of her husband to Teabout was a contribution to pay the debt of the church. This we think is time. But the claim of Litchfields is of the same character, and differed from Mrs. Lane’s claim in no respect. If the church may be compelled to pay the Litchfield claim, we think plaintiff ought not to complain that it voluntarily secured Mrs. Lane’s claim.
The plaintiff, as we have shown, has no standing in a court of chancery, nor can his actions be approved m foro conscientes, and when tried by the principles of the gospel he preaches, are subject to severe condemnation.
Under the pleadings in the case, no relief can be granted to the church, even if it be entitled thereto, according to the rules of equity. We make no inquiry as to its rights and equities.
The decree of the Circuit Court dismissing plaintiff’s petition is
Affirmed.