Brigham v. White
Supreme Court of Iowa
Appeal from, Pottawattamie 'District Court. The plaintiffs hold a mortgage upon a lot in Council Bluffs, executed to them by the defendant, David Gray. The defendant, D. H. White, holds a judgment rendered prior to said mortgage, in the District Court of Pottawattamie county, against said Gray, in favor of one Kay, the same being now assigned to said White.
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Appeal from, Pottawattamie 'District Court. The plaintiffs hold a mortgage upon a lot in Council Bluffs, executed to them by the defendant, David Gray. The defendant, D. H. White, holds a judgment rendered prior to said mortgage, in the District Court of Pottawattamie county, against said Gray, in favor of one Kay, the same being now assigned to said White. Execution having been issued upon said judgment and levied upon said lot, the plaintiffs bring this action to enjoin the sale of said lot, and claim their right to such injunction upon the ground that the judgment has been paid and that…
1Opinion of the CourtAdams, J.
*678i. mtACTioB jn-emeScourt: w1mreaobjebmade. _ *677I. The petition contains an averment in substance as follows: That the plaintiffs are informed and believe *678and charge the fact to be that the defendants, Gray and White, have fraudulently combined with each other to defraud the plaintiffs out of their mortgage security; that said Gray placed in the hands of said White the money necessary to pay the judgment against him, with which said White procured an assignment of it to himself, and now holds it without any interest in it and for the benefit of said Gray, and has caused an execution to be issued…
2Cases cited1 opinion
- Sinnett v. MolesSupreme Court of Iowa · 1873
3Cited by1 opinion
- Bank of Monroe v. GiffordSupreme Court of Iowa · 1887