78 Iowa 101 | Iowa | 1889
Benjamin G. Unangst was the owner by purchase from the government of the northwest quarter of section 6, township 96, range 39, in O’Brien county, which is the property in question. Unangst was a resident of Northampton county, Pennsylvania, and in September, 1873, he conveyed therewith other lands to Charles A. Luckenbach and William Chapman, for the benefit of his creditors.' The character of the conveyance will hereafter receive more particular notice. Thereafter, and prior to November 21, 1884, Charles A. Luckenbach died, and on that day William Chapman, as sole survivor of the trust, the debts of Unangst having been paid, reconveyed the lands to him. On January 5, 1885, Unangst conveyed the land by deed to plaintiff in this suit. It is by virtue of this deed from Unangst that appellant claims that the title in him should be quieted. In July, 1880, one John Lerch instituted a suit in the circuit court of O’Brien county against Charles A. Luckenbach and William Chapman, as assignees of Benjamin G. Unangst, and Benjamin G. Unangst; and, at the September term thereafter, on default of the defendants, a decree was entered quieting the title to the lands in question in him. Appellees’ title is based upon mesne conveyances from Lerch to him. The arguments proceed upon the theory, and we think correctly, that the controlling question in the case is the validity of the decree referred to.
“Trust-Deed. Benjamin G. Unangst and Francis Hannah, his wife, to Chas. Augustus Luckenbach, and Wm. Chapman. Filed for record the eighteenth day of September, A. D. 1873.
“A. J. Brook, Recorder.
“This indenture made the twelfth day of August, in the year of our Lord one thousand eight hundred and seventy-three, between Benjamin G. Unangst, of the borough of Bethlehem, of the county of Northampton and state of Pennsylvania, and Frances Hannah, his wife, of the one part, and Charles Augustus Luckenbach and William Chapman, both of the borough of Bethlehem 'aforesaid, of the second part. Whereas, the said Benjamin G. Unangst and Frances Hannah, his wife, by their indenture dated April 26, 1872, for the reasons and the considerations therein mentioned, did bargain, sell and convey to the said Charles A. Luckenbach and William' Chapman all their real and personal estate, except so much thereof as was exempt from levy and sale on execution, for the equal benefit of creditors, and in the said deed included, besides the real estate of the grantees situated in Pennsylvania, all the other real estate of the said Benjamin G. Unangst and Frances Hannah, his wife, as well in the state of Pennsylvania as elsewhere, in any other state of the United States. But for greater certainty, and in order to be more specific as to the real estate of said Benjamin G. Unangst
The point specially urged is that neither Luckenbach nor Chapman was served in his individual or trust capacity, they being trustees, and were served as “assignees.” Many authorities are cited to show, and for the purposes of the case it may be conceded, that judgments conclude parties only in the capacity in which they sue or are sued, as, if sued in the capacity of trustee, administrator or guardian, the judgment has its binding effect only as to such capacity. We think the important question here is, what was the legal status or relationship of Luckenbach and Chapman to the parties for whom they acted under the terms of the instrument ? This, like other contracts, has for its aid, and takes as a part of itself, the law upon which reliance must be had for its enforcement. As the parties had in view the disposition of lands in Iowa, which disposition must be by virtue of her laws, the instrument must receive the same interpretation that it would if made within the state. We attach little importance to the title or particular words used. We look to the legal effect of the instrument. Its effect, exclusively, is to place the property in the hands of third parties for the benefit of creditors. An assignment is a making over or transfer of property. The assignee is the person to whom it is made over or transferred, and this is true whether the assignee receives it in his own right or for the benefit of another, as for the benefit of creditors. Among the definitions of “trustee” is : “One to whom property has been conveyed, to be held or managed for the benefit of another.” To a certain extent executors, administrators, guardians and assignees are trustees. Bouv. Law. Diet.; Hill, Trustees, 49. While in some respects, for the purpose of enforcement, the terms
The judgment of the district court is
Affirmed.