
    Crary Brothers, Appellants, v. Jacob Hoffman et al.
    
    1 Fraudulent Conveyance: consideration: Payment of infant’s-1earnings to parent. Unless there has been an emancipation, the payment of his wages by an infant to his parents is no consideration for a transfer of land by one of them to him.
    2 Burden of proof on emancipation. In a creditor’s bill to set aside a transfer of land from a parent to an infant son, where the consideration was alleged to have been the payment by the transferee and another infant son of their wages to the parents, the burden of proving emancipation was on defendants.
    3 Loan to grantee: Malees simple creditor. The transfer having been to one son only, and the other son merely having his-. brother’s note for the amount he was alleged to have contributed, such amount was no consideration for the deed, but he-was a creditor, only, entitled to no priority.
    
      
      Appeal from Boone District Court. — Hon. S. M. Weaver, Judge.
    Thursday, January 23, 1902.
    In its inception this was an action upon two promissory notes executed by defendant and his wife, Susan J., who was a party defendant. The action was aided by a writ of attachment which was levied on certain real estate claimed to belong to Susan J. Hoffman. Under it, also, one W. W, Hoffman was garnished as a supposed debtor of Susan J. Subseqriently a petition in equity was filed, bringing in W, W. Hoffman as a defendant. In this pleading it is alleged that prior to the levy of the writ of attachment aforesaid the .real estate mentioned had been conveyed by Susan J. and Jacob Hoffman to their son W. W. Hoffman, — a part of it directly, and a part through conveyance from one M, J. Boilly; that these conveyances were without consideration, and made for the purpose of defrauding plaintiffs. The prayer is that plaintiffs have judgment, and that such judgment be declared a' lien on the real estate so conveyed. Plaintiffs were given judgment on the notes, no defense being interposed. The equitable issue was tried to the court, -and they were refused the relief asked. From this branch of the judgment they appeal.
    
    Modified.
    
      B. F. Jordan for appellants-.
    
      Whitaker & Dale for appellees.
   Waterman, J.

2 ;3 W. W. and G-ildea Hoffman are sons of Jacob and Susan J. The conveyance to the former was, as claimed, for the benefit of both, and the consideration therefor is asserted to have been the payment by them to their mother of the wages earned by them during their minority. It is true, W. W. Hoffman. claims to have paid over his wages during the two years succeeding the attainment of his majority. But the amount, on his own showing, is small, and the showing far from satisfactory. If there is a consideration for this transfer, it must be found in the earnings of these two boys during minority, paid over to their'mother. If these minors were not emancipated, their earnings belonged to their father. Cain v. Devitt, 8 Iowa, 116. And the taking of such earnings by either him or the mother would not furnish a consideration for the conveyance made, for there would be no obligation to return to the minor the money so received.. The burden of proving emancipation was upon defendants. Kubic v. Zemke, 105 Iowa, 269. It is true, emancipation may be established by circumstances showing a mutual understanding between parent and child. But we fail to find anything in this case tending, either directly or indirectly, to.show that the father ever emancipated either of these boys, except as hereafter stated. Neither the father nor mother testifies directly on the question. Nor is it shown the father ever assented to the mother’s promise to return the money received or its value. W. W. Hoffman testifies expressly that his father never told him that he had a right to keep what he earned. Gildea’s testimony is that his father never gave him his time until he went to work as a fireman. Being asked how his time was then given him, he answered, “By their consent to tbe officers that I should go to firing.” If this amounted to an emancipation, —and perhaps it Avould, for a consent given the railway officials that he might perform such work could only mean that such officers might deal Avith him as his ownmaster, — itwould ■cover but one year and five months of time, during which •.the minor earned some $1,200. But we need not pursue this matter further. Gildea has nothing more h> show for his interest in this land than a note for $1,200 made by his brother. He is a creditor, only; for no title to the property, either legal or equitable', rests in him. Therefore plaintiffs’ rights cannot be postponed to his.

Under the circumstances, we feel constrained to hold that plaintiffs’ judgment should have been made a lien on the real estate in controversy. As thus modified, the judgment will stand affirmed.  