Legal Opinion

Cook & Co. v. Black

Supreme Court of Iowa

Decided October 22, 1880PublishedCited by 4 opinions

Appeal from Boone ■ Circuit Court. These two cases were tried to the court below on the same testimony, and they are submitted here together. They are actions in equity to establish parol liens upon the proceeds of certain cattle, a fund in the hands of the defendant as administrator of the estate of James Elliott, deceased.

Read the full summary

Appeal from Boone ■ Circuit Court. These two cases were tried to the court below on the same testimony, and they are submitted here together. They are actions in equity to establish parol liens upon the proceeds of certain cattle, a fund in the hands of the defendant as administrator of the estate of James Elliott, deceased. The court established a lien upon said fund in favor of Cook & Co. to the extent of $300, and interest for one year at 6 per cent, and in favor of the City Bank of Boone for $1,700, and interest for one year at 6 per cent. The defendant appeals.

1Opinion of the CourtDay, J.

i. lien: fund executors? intention of decedent. The plaintiffs allege that James A. Elliott agreed in parol with the plaintiffs that they might have a lien on a certain stock of cattle then owned by James Elliott to secure a sum due them, and that the cat- . , tie should be placed m the possession of some third person to take charge of and hold them until they were in a suitable condition to be sold. James A. Elliott was indebted to Cook & Co. in the sum of about $500, and to the City Bank of Boone about $2,600. He was the owner of fifty-five head of fat cattle. He frequently declared his…

2Cited by4 opinions

  1. Stone v. First National BankOregon Supreme Court · 1920
  2. Franklin v. BrowningCourt of Appeals for the Eighth Circuit · 1902
  3. Franklin v. BrowningCourt Of Appeals Of Indian Territory · 1901
  4. Groat v. Wilkinson, Court of Common Pleas of Ohio, Hamilton County1921

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API