122 Iowa 618 | Iowa | 1904
This is a suit in equity in the nature of a creditors’ bill. The plaintiff is the owner of a judgment rendered in his favor against defendant E. R. Oasebeer, upon which execution has been returned unsatisfied. He alleges that the said E. R. Oasebeer and his wife, the defendant H. E. Oasebeer, have entered into a conspiracy to hinder and delay the plaintiff in the collection of the said judgment, and to that end have arranged that the husband should carry on business in the name of the wife. That in furtherance of said fraudulent scheme the wife has given her said husband a power of attorney, ostensibly authorizing him to carry on business for her and in her behalf, but as a matter of fact the business is the business of the husband, and all his acts in conducting the same are done in his own interest and for his
I. The evidence, which is practically without contradiction, tends to show that as early as the year 1892 the defendant E. R. Casebeer became insolvent, and was wholly without
II. We are furthermore of the opinion that plaintiff’s cause of action is barred by the statute of limitations. The judgment against E. N. Casebeer was rendered in 1892. The
It follows, from the. views we have expressed, that the decree of the district court must be reversed, and the plaintiff’s bill ordered dismissed. — Kevihised.