Seeberger v. Hobert
Supreme Court of Iowa
Appeal from Cass District Court. This action was commenced hy the plaintiff Seeberger against R. Kremling, to recover a judgment upon a certain claim for money due. The action was aided by an attachment, which was levied upon certain goods which were in the possession of H. H. Hobert. Kremling answered admitting the claim of Seeberger, and agreeing to a judgment, and consenting that the attached goods be held to satisfy the judgment.
Read the full summary
Appeal from Cass District Court. This action was commenced hy the plaintiff Seeberger against R. Kremling, to recover a judgment upon a certain claim for money due. The action was aided by an attachment, which was levied upon certain goods which were in the possession of H. H. Hobert. Kremling answered admitting the claim of Seeberger, and agreeing to a judgment, and consenting that the attached goods be held to satisfy the judgment. Hobert intervened in the action and claimed that he was the owner of the goods by purchase from Kremling, which purchase he. alleged was ipade before the levy of…
1Opinion of the CourtRothrock, J.
— We have the usual controversy whether or not this is an equitable action, triable anew upon appeal in this court. We think it is. The answer of Seeberger and Kremling to the petition of intervention seeks to rescind the contract of exchange, compelling Hobert to surrender the goods and receive back the mortgages which he gave in exchange for them. The trial was by the court and the decision of the comb is designated as a decree, and it is in the nature of a decree.
Seeberger could not maintain the action to rescind the sale. He had no such interest as authorized him to do so. But the action…
2Cases cited3 opinions
- Parker v. MoultonMassachusetts Supreme Judicial Court · 1873
- Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
- Vincent & Co. v. BerrySupreme Court of Iowa · 1877
3Cited by2 opinions
- Hood v. SmithSupreme Court of Iowa · 1890
- Seeley v. ReedUnited States Circuit Court · 1885