McCormick Harvesting Mach. Co. v. Griffin

• Decision Date: 12 April 1902
• Citation: 116 Iowa 397,90 N.W. 84
• Parties: MCCORMICK HARVESTING MACH. CO. v. GRIFFIN ET AL.
• Court: Iowa Supreme Court

116 Iowa 397

90 N.W. 84

MCCORMICK HARVESTING MACH. CO.

v.GRIFFIN ET AL.

Supreme Court of Iowa.

April 12, 1902.

Appeal from district court, Boone county; J. R. Whitaker, Judge.

Creditors' bill to subject certain real estate and personal property to the payment of judgments held by plaintiff against T. P. Griffin. The trial court dismissed the petition, and plaintiff appeals. Affirmed.Jordan & Goodykoontz, for appellant.

Ganoe & Baker, for appellees.

DEEMER, J.

February 9, 1898, plaintiff obtained judgment against T. P. Griffin on an indebtedness contracted in the year 1891; and on December 15, 1897, Deering and Brown also obtained judgment against the said Griffin, which judgment was duly assigned to plaintiff. In 1894 T. P. Griffin entered into a contract with one Little for the purchase of a farm in Jackson township, Boone county, Iowa. The deed for this farm was taken in the name of said T. P. Griffin, but it is claimed that L. B. Griffin furnished a part or all of the consideration therefor, and that it was agreed between T. P. Griffin and L. B., his wife, that she (L. B.) should have the proceeds of the Jackson township farm. May 22, 1897, T. P. Griffin entered into a contract with one Holst, whereby he was to convey to Holst the Jackson township farm in exchange for the property in controversy, to wit, lot 3, in section 20, township 84, range 26, Story county, Iowa. L. B. Griffin refused to sign the deed unless the said lot should be deeded to her, and pursuant to her demand the deed was so made. In 1899 a railway was projected across the land procured from Holst, and $300 was deposited with defendant Garner, as sheriff of Boone county, as compensation for the land taken for the right of way. Thereupon plaintiff sued out an execution on its judgment, and caused the sheriff to be garnished as a supposed debtor of T. P. Griffin. L. B. Griffin intervened in the proceeding, claiming that she was the owner of the fund in the hands of the sheriff. Deering and Brown, before assigning their judgment, also caused an execution to issue, under which Garner, the sheriff, was garnished; and L. B. Griffin also intervened in that proceeding. Thereafter, and after plaintiff had taken an assignment of the Deering and Brown judgment, it (plaintiff) commenced this action in equity to subject the aforesaid lot 3 and the funds in the hands of the garnishee to the payment of its judgments. Issue was joined on the allegations of the petition, and on appellant's motion the causes were consolidated and tried as one action in the district court, resulting in a decree for defendants.

Plaintiff claims that the title to lot 3 was placed in the name of L. B. Griffin for the purpose of hindering, delaying, and defrauding the creditors of T. P. Griffin; that the conveyance to the wife was without consideration, and purely voluntary; and that the money in the hands of the sheriff, as well as the lot itself, should be subjected to the payment of the judgments against T. P. Griffin. From this statement it will be seen that the questions presented are solely of fact. True, defendants contend that the garnishment proceedings should have been tried at law, and that a court of equity had no jurisdiction of the issues involved; but, as appellees do not appeal from the order of consolidation, we will not consider the point. Now, while it is true that title to the Jackson township property stood in the name of T. P. Griffin, yet we are satisfied that the property in fact belonged to his wife; that she...