Cowles & Co. v. Ricketts
Supreme Court of Iowa
Appeal from the Dubuque District Court. ■ . This was art action of replevin, to recover certain goods from tlie possession of tbe defendant, wbo, as sheriff of Du-buque county,, bad attached the same, as the property of one Eussell, to secure a demand in favor of one Mobley., The plaintiffs claim by virtue of a sale by Eussell, made to them on the 26th day of March, 1855 ; the attachment having been levied on the 29th.
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Appeal from the Dubuque District Court. ■ . This was art action of replevin, to recover certain goods from tlie possession of tbe defendant, wbo, as sheriff of Du-buque county,, bad attached the same, as the property of one Eussell, to secure a demand in favor of one Mobley., The plaintiffs claim by virtue of a sale by Eussell, made to them on the 26th day of March, 1855 ; the attachment having been levied on the 29th. The answer states the authority of defendant, to. attach,. avers the property was subject to tbe attachment, and that any claim of plaintiffs in the replevin was in fraud of…
1Opinion of the CourtIsbell, J.
Several questions are raised by counsel for; _ appellants in this case, the primary of which is, was the transfer made by Bussell to the plaintiffs, constructively fraudulent? We say constructively, for if fraud in fact, or actual fraud, need be shown, it was clearly the duty of the court to let the cause go to the jury, that it might determine whether such fraud did or did not in fact exist. The determination of this question, involves a construction of section 977 of the Code, which provides that “ no general assignment of property by an insolvent, or in contemplation of insolvency, for the…
2Cases cited1 opinion
- Widgery v. HaskellMassachusetts Supreme Judicial Court · 1809
3Cited by13 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Van Patten v. BurrSupreme Court of Iowa · 1879
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
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