112 Iowa 162 | Iowa | 1900
II. Defendants contend that, as the title of the plaintiff to the property for which she claims rent was set aside as fraudulent, she is not entitled to recover rent therefor, and doe's not appear in this case “with clean hands,” and therefore is not entitled to the equitable relief demanded. J. C. Yetzer had a right as against all persons except his creditors, or others having some interest, to give his property to his wife, or- to whomsoever he pleased. lie had a right to give of his property to whom he pleased, even as against his creditors, provided he retained sufficient out of which they might, without hindrance or delay, make their debts. It is uniformly held that conveyances made to hinder, delay, and defraud creditors are binding upon the parties and upon all others except creditors or persons whose rights are impaired thereby. These defendants were not parties to the Clausen case, nor creditors of J. C. Yetzer, and no reason is' shown why they should be heard to complain of said deed from him to the plaintiff. Clausen did not ask to subject the rent to the payment of his debt. J. C. Yetzer cannot claim it, as he had parted with his title. John L. Yetzer owes it, and, as against him, the plaintiff’s title being -valid, she may recover the rent. In so asking her hands are quite as clean as are the hands of John L. Yetzer, in seeking upon purely technical grounds to avoid the pay-men of the rent he owes to some person. As we view the case, the decree in the case of Clausen against Mary and J. O. Yetzer should not preclude the plaintiff from maintaining this action.