Baxter v. Pritchard
| Decision Date | 11 April 1901 |
| Parties | JAMES R. BAXTER v. WILLIAM C. PRITCHARD AND JOHN H. PRITCHARD, Appellants |
| Court | Iowa Supreme Court |
Appeal from Ida District Court.--HON. Z. A. CHURCH, Judge.
PLAINTIFF for cause of action, alleges, in substance, as follows: That on September 21, 1897, he recovered judgment against John H Pritchard for $ 1,381 debt and $ 63.91 costs; that on the twenty-first day of January, 1898, an execution was issued thereon to the sheriff of Ida county, where John H. Pritchard resided, which was returned, "No property found" that on the twenty-ninth day of January, 1897, after the indebtedness for which said judgment was rendered was contracted, John H. Pritchard made a pretended conveyance of a certain 160 acres of land in Ida county to William C Pritchard, "with the intent to hinder, delay, and defraud the plaintiff in the collection of said judgment, and the said William C. Pritchard, defendant, took such conveyance with like intent, and without any consideration paid therefor." Plaintiff asks that said conveyance be set aside, that his judgment be declared a lien and that he have special execution. The defendant William C. Pritchard alone answers. He denies that plaintiff has a judgment as alleged, denies that execution was issued and returned as alleged, and denies any intent to defraud, and alleges, in substance, as follows: That there were two mortgages on the land, one for $ 3,000, of which $ 2,000 was a first lien, and one for $ 1,150; also a judgment in favor of Noah Williams for $ 463.69; that suit was pending by this plaintiff against this defendant to set aside a conveyance made to defendant by his father, Joseph Pritchard; that Joseph Pritchard was surety for John H. Pritchard in an amount then unknown to defendant; that the deed in question was taken subject to said mortgage and judgment liens, and for the purpose of protecting this defendant from any liability that might come against him in said suit, and for the purpose of protecting Joseph Pritchard as such surety out of any residue that might remain above the amount of said incumbrance. He alleges that he "was to take the title to said property, to use, care for, sell, or dispose of the same, as in his judgment might seem best, in order to carry out said purposes." He shows that he has since become the owner of said second mortgage and the judgment; that he has paid $ 91 interest on the first mortgage, and $ 40 taxes on the land; and alleges that he was compelled to pay $ 35 costs in said suit, and that he has incurred $ 400 expenses in looking after the land. He asks to be dismissed, with costs. Decree was rendered in favor of plaintiff. Defendant William C. Pritchard appeals.
Reversed.
Duffle, Gaines & Kelby for appellant.
Charles S. Macomber for appellee.
I.
Plaintiff's allegation that he had a judgment against John H. Pritchard and that execution thereon had been returned, "No property found," being denied, the burden was on the plaintiff to prove these essential facts. The only evidence introduced to show that plaintiff had a judgment was the judgment docket, and to this the defendant objected, and his objections were overruled. Code, section 3784, requires...
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