Roberts

The plaintiff sued to have certain conveyances set aside as fraudulent and appeals from the judgment against it. The real basis of the attack is that the evidence does not support the findings of fact. Interwoven with the argument upon this question the appellant makes certain contentions regarding the law. It will tend to clarity to dispose of these contentions in the first instance. Three deeds through which Roberts’ title to the land in controversy became vested in his wife, the respondent, Mida Roberts, are attacked, and a sheriff’s deed under execution against Roberts is relied upon by the appellant, which maintains that, apart from any question of fraud, each of the three deeds is void, and that the sheriff’s deed gave to the appellant legal title.

The first deed in the series is in the ordinary form of grant, for an expressed consideration of ten dollars, from Roberts to a Mrs. Buechner, a sister of Mrs. Roberts. The trial court found that the real consideration for the conveyance was a pre-existing debt of Roberts to his wife, and that the conveyance was made to Mrs. Buechner, who paid no part of the consideration, with a resulting trust for Mrs. Roberts. The appellant…