96 Iowa 29 | Iowa | 1895
On the eighteenth' d'ay of September, 1891, defendant J. L. Budd obtained a judgment in the district court of Harrison county, Iowa, against E. G. Tyler and P. Caldwell for the sum of five hundred and fifty-eight dollars and costs. Execution issued on this judgment, which on the eighth day of April, 1892, was levied upon the real estate in controversy, the title to which was apparently in the name of plaintiff or E. G. Tyler, trustee. This suit is to enjoin a sale under this execution; the plaintiff claiming to be the beneficial owner of the land, the legal title being in her name or in the name of her husband as trustee for her use and benefit, by reason of a conveyance to her from her husband by deed, of date January 3, 1887, and a sheriff’s deed of date February 5, 1891, from the sheriff of Harrison county to E. G. Tyler as trustee; the trust being for her use and benefit. The answer of defendants alleges that the conveyance of January 3d was without consideration, fraudulent, and void, and that the transaction with reference to the sheriff’s deed amounted to no more than a redemption of the premises from sheriff’s sale. The plaintiff, for reply, alleges that defendant’s judgment has been fully satisfied by levy and sale, and that the execution levied- upon the land in controversy is void. On the issues thus joined, the case was tried to the court, and- decree passed dismissing plaintiffs petition, and she appeals.
The governing questions in the case are: First. Was the conveyance in 1887 without consideration, fraudulent, and: void as to defendant Budd? And, second, did the assignment of the certificate of sheriff’s sale amount to anything more than a redemption of the property from execution sale.?
The decree as finally rendered seems to us to be fully justified by the testimony. This determination of the controversy renders, it unnecessary to pass upon the motion filed by appellees. The decree of the district court is affirmedl.