Seekel v. Winch

• Decision Date: 07 April 1899
• Parties: M. M. SEEKEL v. MIRANDA J. WINCH, SETH F. WINCH, H. A. WELCH, L. W. FALLON and M. J. FITZGIBBON, Appellants
• Court: Iowa Supreme Court

78 N.W. 821

108 Iowa 102

M. M. SEEKEL v. MIRANDA J. WINCH, SETH F. WINCH, H. A. WELCH, L. W. FALLON and M. J. FITZGIBBON, Appellants

Supreme Court of Iowa, Des Moines

April 7, 1899

Appeal from Harrison District Court.--HON. G. W. WAKEFIELD, Judge.

CREDITORS' bill to subject certain real estate, the record title to which is in Miranda J. Winch, L. W. Fallon, R. A. Welch, and M. J. Fitzgibbon, to the payment of a judgment held by plaintiff against Seth F. Winch. The trial court granted the relief asked, and defendants appeal.

Affirmed.

S. H Cochran for appellants.

L. R Bolter & Sons for appellee.

OPINION

DEEMER, J.

January 1, 1888, Seth F. Winch made and executed a promissory note to plaintiff, upon which she obtained judgment in the district court of Harrison county on the twentieth day of April, 1896. In that action a writ of attachment issued, and was levied upon the property in controversy. The court, in rendering the judgment, which was a personal one, ordered that the property levied on be sold under special execution. Prior to May 10 1892, Seth F. Winch was the owner of the real estate levied upon, and on that day, or when the deed was acknowledged which was on the nineteenth day of September, 1892, he transferred the same to Mrs. Miranda J. Mitchell (now Winch), for the expressed consideration of five hundred dollars. The deed covered, not only the lots and lands embraced in this suit, but also all notes, mortgages, and other personal property owned by the grantor in this state. This suit is to set aside this deed upon the ground that it was without consideration, and made with intent to hinder, delay, and defraud the creditors of Seth Winch. The defendants, other than the Winches, are said to be purchasers of a part of the property, who obtained their title after the order for sale under special execution. These defendants made no defense. Miranda J. Mitchell and Seth F. Winch were married on May 16, 1892. For four or five years she had been his housekeeper. On the ninth of May they entered into the following contract: "Omaha, May 9th, 1892. This contract, entered into by and between S. F. Winch, party of the first part, and Miranda J. Mitchell, party of the second part: The said Miranda J. Mitchell agrees to take care of the said Seth F. Winch the remainder of his life, provided the said Miranda J. Mitchell shall outlive the said Seth F. Winch, and I to deed to the said Miranda J. Mitchell such part of my property I now own as I wish her to have for her services for looking after me and my home in my declining years; her to see me safely laid away in my last resting place, should she outlive me. Seth F. Winch, Miranda J. Mitchell." It is claimed the deed in question, which bears date May 10, 1892, was executed pursuant to this contract, and in execution of an agreement for a settlement upon Mrs. Winch after her marriage. It is also claimed that Seth F. Winch had a large amount of property in the states of Rhode Island and Minnesota at the time the deed was executed. Mrs. Winch had no...