Legal Opinion

Forney v. Remey

Supreme Court of Iowa

Decided May 20, 1889PublishedCited by 9 opinions

Appeal from Des Moines District Court. — Hon. Charles H. Phelps, Judge Action of replevin to recover the possession of certain promissory notes.

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Appeal from Des Moines District Court. — Hon. Charles H. Phelps, Judge Action of replevin to recover the possession of certain promissory notes. Plaintiff shows in his petition that he is entitled to the possession of the notes as the administrator of J. Ellouisa Forney, deceased, and sets up the grounds upon which defendant bases his claim to the possession of the property. . A demurrer to plaintiff’s petition was overruled, and, defendant refusing to further plead, judgment was rendered against him, and he appeals to this court.

1Opinion of the CourtBeck, J.

I. The petition alleges that the notes in controversy were the property of plaintiff’s intestate, and that defendant claims to hold them under a conveyance which is in the following language: “For and in consideration of the sum of one ($1) dollar, and the further consideration of the performance and execution of the trust hereinafter referred to by the grantee and assignee hereinafter named, I, Jane E. Forney of Burlington, Des Moines county, and state of Iowa, hereby sell, assign, transfer and convey unto John T. Remey, of the same city, county and state, certain notes, accounts and…

2Cited by9 opinions

  1. Lewis v. CurnuttSupreme Court of Iowa · 1906
  2. Haulman v. HaulmanSupreme Court of Iowa · 1914
  3. Bowman v. Western Fur Manufacturing Co.Supreme Court of Iowa · 1895
  4. Young v. Young-WishardSupreme Court of Iowa · 1939
  5. In re the Estate of TolertonSupreme Court of Iowa · 1915

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