Joiner v. Van Alstyne

• Citation: 34 N.W. 366,22 Neb. 172
• Parties: HERBERT C. JOINER, PLAINTIFF IN ERROR, v. W. L. VAN ALSTYNE ET AL., DEFENDANTS IN ERROR
• Decision Date: 12 October 1887
• Court: Nebraska Supreme Court

34 N.W. 366

22 Neb. 172

HERBERT C. JOINER, PLAINTIFF IN ERROR, v. W. L. VAN ALSTYNE ET AL., DEFENDANTS IN ERROR

Supreme Court of Nebraska

October 12, 1887

REHEARING of case reported 20 Neb. 578.

AFFIRMED.

Dilworth Smith & Dilworth and A. H. Bowen, for plaintiff in error.

C. O Whedon, for defendant in error Doolittle.

OPINION

MAXWELL, CH. J.

An opinion was filed in this case in 20 Neb. 578, a rehearing was afterward granted, and the cause again submitted to the court. The action was brought by the plaintiff against the defendant in the district court of Lancaster county to subject certain real estate described in the petition to the payment of a certain judgment recovered by the plaintiff against the defendant, Van Alstyne, in March, 1883. In May of that year an execution was issued on said judgment, which in July following was returned wholly unsatisfied. The debt upon which the judgment was recovered was created in 1873. The real estate in question was alleged to have been purchased by Wm. Van Alstyne in 1879, and the title taken in the name of his wife, Harriet E. Van Alstyne. It is alleged in the amended petition, "That Harriet E. Van Alstyne and William L. Van Alstyne did, on or about the 24th of October, 1884, convey the said premises above described to one John Doolittle, without consideration, and with the intent and for the purpose, as said John Doolittle then well knew, of delaying, hindering, and defrauding the plaintiff out of his said claim, and others, the creditors of said William L. Van Alstyne, out of their just demands and claims against him, the said William L. Van Alstyne. That at the time said John Doolittle purchased said premises, he, the said John Doolittle, well knew and had full knowledge that said premises belonged to and were owned by said William L. Van Alstyne, and that the legal title thereto was placed in the said Harriet E. Van Alstyne for the purpose of delaying and defrauding the creditors of said William L. Van Alstyne."

The testimony tends to show that on the 21st day of January 1884, Van Alstyne and wife conveyed the property in controversy to the defendant, John Doolittle, and this action was commenced in February of that year; the deed to Doolittle, however, was not recorded until October, 1884. The testimony tends to show that the property at the time of the execution of the deed was worth about seven thousand dollars; that as part of the...