Legal Opinion

George Enger & Co. v. Lofland

Supreme Court of Iowa

Decided December 11, 1896PublishedCited by 3 opinions

Appeal from Mahaska District Court. — Hon. D. Ryan, Judge. Joseph Jones, the father of the appellant, Joseph A. Jones, on November 4, 1893, executed to appellee, Lofland, trustee, a chattel mortgage on his personalty to secure an indebtedness to appellant, the Oskaloosa National Bank, also a claimed indebtedness of two thousand five hundred dollars on a note to his' son, Joseph A. Jones. At the time of the execution of this mortgage, Joseph Jones was insolvent.

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Appeal from Mahaska District Court. — Hon. D. Ryan, Judge. Joseph Jones, the father of the appellant, Joseph A. Jones, on November 4, 1893, executed to appellee, Lofland, trustee, a chattel mortgage on his personalty to secure an indebtedness to appellant, the Oskaloosa National Bank, also a claimed indebtedness of two thousand five hundred dollars on a note to his' son, Joseph A. Jones. At the time of the execution of this mortgage, Joseph Jones was insolvent. On the day on which said mortgage was executed, plaintiffs commenced an action in the district court of Mahaska county, Iowa, against…

1Opinion of the CourtKinne, J.

1 I. As to the appeal of Joseph A. Jones: The court below found that Joseph Jones was not indebted to his son, Joseph A. Jones, at the time the note was executed by the father to the son, and that said note was fraudulent and void as against creditors heretofore mentioned. The appellants insist that this finding is not in accordance with the evidence. The senior Jones had for a great many years, and up to the time of his failure in 189B, been engaged in the business of manufacturing carriages in Oskaloosa, Iowa. Joseph A. Jones entered his father’s service in said business when about sixteen…

2Cases cited5 opinions

  1. Scully v. Scully'sSupreme Court of Iowa · 1870
  2. Rockford Boot & Shoe Manufacturing Co. v. MastinSupreme Court of Iowa · 1888
  3. Chadwick v. DevoreSupreme Court of Iowa · 1886
  4. Saar v. FullerSupreme Court of Iowa · 1887
  5. Magarrell v. MagarrellSupreme Court of Iowa · 1888

3Cited by3 opinions

  1. Hatheway v. HansonSupreme Court of Iowa · 1941
  2. Donovan v. DriscollSupreme Court of Iowa · 1902
  3. Northwestern State Bank of Orange City v. MuilenburgSupreme Court of Iowa · 1930

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