79 Iowa 61 | Iowa | 1890
This case -was before this court on a former appeal, and the opinion is to be found in 71 Iowa, at page 425. At that hearing the judgment was reversed because of an erroneous instruction. At the next trial the cause was submitted to the court, without a jury, on the written testimony and records of the former trial, by stipulation. The only error assigned is that the judgment of the court is not sustained by the evidence.
The rule that, in a law action, where there is a conflict of evidence on which the 'finding of the court or the verdict of the jury rests, we cannot interfere, is well settled, and we do not understand it to be questioned in this case; but it is argued that there is no conflict. The precise question is as to the fraudulent transfer of the property from John Finkin to the intervenor, his son. The facts of the case are stated in the opinion on the former hearing, and it is unnecessary to restate them here. The former opinion, in considering the validity of an instruction in the first division, deals to some extent with the testimony and the facts, and, although used for another purpose, shows quite clearly that the testimony is conflicting. Many other facts and circumstances might be-added, among which are these: That the sale was made in a loose and unbusinesslike manner. The son was to take the property of