43 Iowa 260 | Iowa | 1876
At the time of the alleged purchase Mrs. Heinrichs was in debt to an inconsiderable amount. She did not have any property except a cow and calf, and some beds and a few articles of household goods. No conveyance was made at the time of the alleged sale and purchase of the land. Mrs. Heinrichs, within a very few days, moved to the premises in controversy, Heinrichs assisting her, and they both lived on the premises, in the same house, until they were married, in less than two months thereafter. The defendant, Heinrichs, became indebted to the plaintiff in 1856, and it is uncertain whether a demand for the payment of this debt was made before or after the marriage, nor is there any direct and positive testimony that Mrs. Heinrichs had any knowledge whatever of the existence of this debt, or that Heinrichs was indebted to any one at the time of the alleged purchase and sale. On the 20th day of March, 1869, the plaintiff brought suit against Heinrichs on the indebtedness, and recovered a judgment thereon on the 7th day of April, 1869, and on the same day a conveyance of a portion of the premises in controversy was made by Heinrichs to Mrs. Heinrichs, another portion having been conveyed to her on the 16th day of February previous. Mrs. Heinrichs fails to make any explanation whatever in relation to the delay or time the deeds were made, or why two were made instead of one. Heinrichs
We have stated the facts very fully and we feel constrained to say that, in our opinion, the conveyance executed on the seventh day of April, 1869, is fraudulent and void and must be set aside. The explanation why this deed was not made when the other was is not satisfactory. Why was it that Mrs. Heinrichs happened to get excited and insist on.having this deed made on the very day judgment was rendered? The excuse about stamps does not seem probable. Why did Heinrichs get mad when his wife insisted on his doing.as he agreed to do ?' Why did he not take the deed to the recorder’s office, or at least go there with his wife, instead of contenting himself with showing her the door and staying outside? All this is unreasonable and improbable and, as we have said, Mrs. Heinrichs gives no explanation whatever of these circumstances.
The decree of the District Court will, therefore, be affirmed as to the conveyance executed April 7,1869, and reversed as to the conveyance dated February 16,1869. A decree will be entered here, if counsel so desire, or remanded to the court below with directions to enter a decree in accordance with this opinion. The plaintiff must pay the costs in this court.
Modified and affirmed.