124 Iowa 695 | Iowa | 1904
The plaintiff’s petition in equity states her claim substantially as follows: That the defendants Celia E. Blood and Charles Blood were the owners of a tract of land upon a part of which plaintiff had a mortgage lien, which was junior to another mortgage made to Jones county, and assigned to one Sigworth. Sigworth’s mortgage was foreclosed by an action in equity, and the land was sold thereunder on April 11, 1898. The certificate of such sale was assigned to H. W. Witham December 4, 1898, and thereafter, on February 10, 1899, Celia E. Blood and Charles N. Blood conveyed the land by warranty deed to E. J. Blood. On April 10, 1899, Charles N. Blood made redemption from the sheriff’s sale, and on the same day E. J. Blood conveyed the land by warranty deed to H. S. Bichardson,' who executed and delivered to Celia E. Blood, Charles N. Blood, and E. J. Blood a lease, with an optional right to purchase the same premises, for a period of five years. On April 8, 1901, Bichardson quitclaimed to Hiram Arnold, and on February 3, 1902, Arnold conveyed the land by quitclaim deed to the defendant Lawrence. Pending the year of redemption from the Sigworth foreclosure, and after nine months from the date of such sale and after the title to the land had passed from the mortgagors to E. J. Blood, the plaintiff obtained a decree of foreclosure of .her junior mortgage, and on April" 19, 1899, the title being then in Bichardson, she caused sheriff’s sale to be made of the twenty acres described in her said mortgage. Having taken a deed under said sale, she brings this action, setting up the facts of which the above is a condensed statement, and alleging that the transfer- of the title from Celia E. Blood and Charles N. Blood to.E. J. Blood was made for the purpose of defrauding the creditors of the mortgagors, and without consideration, and that Lawrence took the title he now holds with notice of said fraud, and to assist said mortgagor in cheating and defrauding the plaintiff, or at best that he received and holds the deed as a mortgage only; and she asks that the deed from the mort
The conclusions above stated being decisive of the appeal, we need not discuss other questions and other authorities presented by counsel.
The judgment of the district court is arrirmed.