45 Iowa 631 | Iowa | 1877
Section 2650 provides that “ when any of the matters enumerated as grounds of demurrer do not apirear on the face of the petition the objection may be taken by answer. If 'no such objection is taken it shall be deemed waived. If the facts stated by the petition do not entitle the plaintiff to any
"Whilst the language of this section differs slightly from the corresponding section (2878) of the Revision, we think its meaning is the same. It cannot be claimed that the facts stated in the petition do not entitle plaintiffs to any relief whatever. As the objection that there is a defect of parties was not raised by demurrer it is deemed waived.
III. Appellants insist that the court erred in' the admission in evidencd of an affidavit made by the defendant, C. P. Mullinix, April 9, 1872. The abstract does not show that any exception was taken to this action of the court.
Afterward, on the 3d day of September, 1875, the conveyances above named were recorded. All the other sureties upon the replevin bond are insolvent. C. P. Mullinix frequently declared that he intended to put his property beyond the reach of this claim, and we think the conveyances in question were made for .that purpose. It is true C. P. Mullinix testifies that the conveyance to Lockwood was made in payment of a debt, without any fraudulent intent. And A. 0. Lockwood testifies that the conveyance to him was in con
The evidence shows that Lockwood was, at the time of this transaction, a man of small means, his property not exceeding in value five or six thousand dollars. It is not at all reasonable that he should discharge a debt of $2,300, and assume liabilities of $3,500, in consideration of this property, and the next day convey the whole of it to a daughter whose husband was squandering his property in drunkenness, in consideration of a note of $1,400, and an agreement to maintain him during his life. The whole transaction bears unmistakable ear marks of fraud. The j udgment of the court below is
Affirmed.