141 Iowa 492 | Iowa | 1909
February 16, 1893, the plaintiff was the owner of the land in controversy, one hundred and forty-four acres, and on that date he and his wife, conveyed the same to the deceased, W. E. Veeder, by deed of general warranty, subject, however, to a mortgage of $2,200, with accrued interest thereon, which the grantee, W. E. Veeder, assumed and agreed to pay as a part of the purchase price of the land; but plaintiff remained in possession of the land. At the time of this conveyance the appellant was indebted to various persons and firms, the aggregate amount of which indebtedness greatly exceeded the value of his equity in the land conveyed, Shortly after the transfer, W. E. Veeder paid on judgments which were liens on the land and on claims on which suit had been brought against appellant about $1,980. He also redeemed the land from a tax sale, paying therefor $59.95, and thereafter he paid $230 interest then due on the mortgage. So that practically at the time the'land was conveyed to him he furnished the money for and paid off debts due from the- appellant. aggregating $2,267.36, aside from the principal of the mortgage that he had assumed to pay, which was $2,200. In addition to the indebtedness that was paid off by W. E. Veeder, the appellant was indebted in various sums to different creditors aggregating a large amount.
It is claimed that in 1895 supplemental proceedings were had in which both the grantor and grantee testified as to the amount that W. E. Veeder had paid for the land, and that said Veeder was the absolute owner thereof. It is shown that such proceedings were had, but it is not shown at all satisfactorily that the .Veeders testified to more than that W. E. had paid full value for the land, and that upon the showing the judgment creditor who instituted the proceeding became satisfied of the truth thereof, and concluded that the land was 'not worth more than E. Veeder had put into it.