Peacock

This action was commenced by the plaintiff to set aside conveyances of certain property to the defendant by her husband, and the appeal is from a judgment entered in favor of the plaintiff.

The facts necessary to an understanding of the controversy are as follows: Appellant and - her husband had been married thirty-seven years prior to the divorce which will shortly be mentioned. Some time before the conveyances of the property, according to the testimony of appellant, her husband was living with another woman. They separated February 27, 1928, although they had not lived together for a long time prior to that date. There were two insurance policies on F. I. Peacock’s life in which his wife, the appellant, was named as beneficiary. During the latter part of May, 1929, he was desirous of realizing cash on the policies by a loan thereon. The agent for the insurance company advised Peacock that it would be necessary to have his wife’s signature. In consideration of appellant executing an assignment of her interest in the policies, Peacock assigned to her a second mortgage on certain real estate known as the “Rattenbury mortgage”, in the principal sum of $2,500, which in the brief of…