Shaw v. Manchester

• Decision Date: 22 January 1892
• Citation: 84 Iowa 246,50 N.W. 985
• Parties: SHAW ET AL. v. MANCHESTER.
• Court: Iowa Supreme Court

84 Iowa 246

50 N.W. 985

SHAW ET AL.

v.MANCHESTER.

Supreme Court of Iowa.

Jan. 22, 1892.

Appeal from district court, Crawford county; J. A. CONNOR, Judge.

Action in equity by plaintiffs, as creditors of the estate of Joseph Manchester, deceased, to set aside a certain conveyance from him to the defendant, on the grounds that it was made without consideration, and made to hinder, delay, and defraud plaintiffs in the collection of their debts. Answer admitting the conveyance, denying that it was without consideration, or that it was made to hinder, delay, or defraud plaintiffs; and alleging that, in addition to the consideration named, it was executed in consideration of property which came to appellant from her people at her marriage to Joseph Manchester in 1850, which she placed in his hands, worth about $400. Decree for plaintiffs. Defendant appeals.Charles MacKenzie, for appellant.

Shaw & Kuehnle, for appellees.

GIVEN, J.

1. We first inquire as to the alleged indebtedness to plaintiffs. They obtained a judgment against Joseph Manchester for $216.62 January 11, 1888, on account of services as his attorneys rendered during 1886, and to January, 1887. Appellant in argument disputes the indebtedness upon which this judgment was rendered, but that cannot be done in this action nor under these pleadings. We cannot go back of this judgment, but must accept it as evidence of the indebtedness to plaintiffs alleged. Plaintiffs, being creditors of Joseph Manchester, have a right to question the validity of the conveyance to Mrs. Manchester on the grounds alleged.

2. We next inquire as to the consideration for the conveyance to appellant. It was executed March 18, 1887, and conveys about 400 acres of land, and other property, as follows: “And also all the estate, right, title, interest in all personal property, possession, claim, and demand whatsoever of the said party of the first part, of, in, and to the same, consisting of forty-four head of cattle, twelve head of horses and colts, sixty-four head of hogs and shoats, and all farm machinery and implements, together with all grain on said premises, all notes and mortgages and judgments, and every part and parcel thereof, with their and everything of their appurtenances.” This included all property then owned by Mr. Manchester, and it appears that he did not after that acquire any other. The consideration expressed is love and affection and one dollar, and a proviso as follows: “Provided, however, and this is agreed, that the party of the second part shall maintain and provide him, the party of the first part, with all the necessaries of life, and take care of him in sickness and in health, and give him access at all times to the house, and let him reside therein without molestation, and provide him with horse and buggy when desired, and to furnish him with a full complement of clothing at all times during his natural life.” The considertion of love and affection is not good, as against existing creditors, and, as we have seen, these plaintiffs were creditors of Mr....