108 Iowa 102 | Iowa | 1899
January 1, 1888, Seth F. Winch made and executed a promissory note to plaintiff, upon which she obtained judgment in the district court of Harrison county on the twentieth day of April, 1896. In that action a writ of attachment issued, and was levied upon the property in controversy. The court, in rendering the judgment, which was a personal one, ordered that the property levied on be sold under special execution. Prior to May 10, 1892, Seth F. Winch was the owner of the real estate levied upon, and on that day, or when the deed was aknowledged, which was on the nineteenth day of September, 1892, he transferred the same to Mrs. Miranda J. Mitchell (now Winch), for the expressed consideration of five hundred dollars. The deed covered, not only the lots and lands embraced in this suit, but also all notes, mortgages, and other personal property owned by the grantor in this state. This suit is to set aside this deed upon the ground that it was without consideration, and made with intent to hinder, delay, and defraud the creditors of Seth Winch. The defendants, other than the Winches, are said to be purchasers of a part of the property, who obtained their title after the order for sale under special execution. These defendants made no defense. Miranda J. Mitchell and Seth F. Winch were married on May 16, 1892. For four or five