Pidcock v. Voorhies

• Decision Date: 07 June 1889
• Citation: 84 Iowa 705,42 N.W. 646
• Parties: PIDCOCK v. VOORHIES ET AL.
• Court: Iowa Supreme Court

84 Iowa 705

42 N.W. 646

PIDCOCK

v.VOORHIES ET AL.

Supreme Court of Iowa.

June 7, 1889.

Appeal from district court, Cass county; H. E. DEEMER, Judge.

March 4, 1882, the defendant Henry Voorhies was the owner of certain lands in Cass county, and on that day he conveyed the same to his son, John N. Voorhies. November 3, 1883, John N. Voorhies conveyed the lands to Lucas A. Voorhies, a brother of Henry. April 11, 1885, Lucas A. Voorhies conveyed the lands to Martha E. Allen. Henry, John N., and Lucas A. Voorhies, and Martha E. Allen, are defendants in this suit. April 14, 1885, the plaintiff recovered in the district court of Cass county, Iowa, a judgment against the defendant Henry Voorhies for $17,735.28, and this action is to set aside the several conveyances above set forth and subject the lands to the payment of said judgment, on the alleged ground of their being fraudulent as against creditors. In the district court a decree was entered from which both parties appeal.L. L. Delano and J. J. Dolan, for plaintiff.

James E. Bruce and Willard & Willard, for defendants.

GRANGER, J.

The conveyance of the land by Henry Voorhies, the judgment debtor of the plaintiff, was made March 2, 1882, and the defendants insist that the case affords no proofs upon which it can be found that at that time Henry Voorhies was indebted to the plaintiff. If defendants' claim in this respect is supported by the record, it is of course useless to consider other questions, as under that state of facts the plaintiff could not have been prejudiced by the transfer. The burden is with the plaintiff, not only to show the fraudulent transfers of the land, but that at the time he was a creditor and affected thereby. The only evidence we find in the record in any manner tending to show when the indebtedness arose is that of the plaintiff, and the judgment record in Cass county. The judgment in Cass county is based on a judgment roll from New Jersey, showing that the evidence of indebtedness was two promissory notes, one given August 27, and the other September 23, 1884. The judgment record furnishes no evidence of indebtedness prior to August 27, 1884. The testimony of the plaintiff is brief, and is to the effect that his individual dealings with Henry Voorhies commenced in 1881, and extended to December 2, 1884. He says: “During the years 1881 and 1882 he (Voorhies) was located at Pittsburg, Pa., and other places, and bought live-stock, which he shipped to me; and I also sold on commission for him. He drew drafts on me, which I accepted and paid and charged to him, and would then credit him with the net proceeds of the live-stock sold. The stock was sold at Jersey City and White House Station, N. J. Henry Voorhies' indebtedness began in October, 1881, and included transactions to December 2, 1884, as per statement of account hereto attached, marked ‘Exhibit A,’ and finally culminated in the judgment I now hold against him in Cass county, Iowa. He allowed notes to be protested, and renewals were made from time to time, and the old notes returned to him.” Omitting the “statement of account” referred to in testimony, and there is nothing on which a finding can reasonably be based that there was an indebtedness in March, 1882. The most that can be said is that Henry Voorhies was then sending to plaintiff live-stock to be sold on commission; drawing drafts on plaintiff, which were charged to him, and receiving credit for stock received. It was a debit and credit account. It is quite evident that the statements of plaintiff are based on the “statement of account” which is designated as “Exhibit A” to his deposition. The exhibit was below objected to as...