Loeb v. Pierpoint & Tuttle
Supreme Court of Iowa
Appeal from Hamilton District Court. This action at law was brought by plaintiff against Pierpoint & Tiittle, aDd an attachment was issued therein on the ground of non-residence of defendants, which was levied upon certain land. Service was had by publication and judgment rendered for plaintiff. After judgment Chandler intervened by petition, showing that defendants had no interest in the land attached, which had been, before the attachment, conveyed to him.
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Appeal from Hamilton District Court. This action at law was brought by plaintiff against Pierpoint & Tiittle, aDd an attachment was issued therein on the ground of non-residence of defendants, which was levied upon certain land. Service was had by publication and judgment rendered for plaintiff. After judgment Chandler intervened by petition, showing that defendants had no interest in the land attached, which had been, before the attachment, conveyed to him. Upon this petition of intervention a trial was had upon the issues involving the intervenor’s interest in and title to the lands. No…
1Opinion of the CourtBeck, J.
I. The evidence shows that defendants, Pier-point and Tuttle, were partners, doing business, in Illinois, and that prior to the attachment of the land in question, Tuttle executed an assignment of all the property of the firm to intervenor, Chandler, for the benefit of its creditors, the' proceeds of the property to be applied pro rata to all. The deed of assignment was executed in the name of the firm and also by Tuttle personally, but without Pierpoint’s knowledge or assent, and, at the time, he was in the town where the firm transacted business, and where the deed was executed, and where…
2Cited by9 opinions
- Letts, Fletcher & Co. v. McMasterSupreme Court of Iowa · 1891
- Hill v. PostleySupreme Court of Virginia · 1893
- Shattuck v. ChandlerSupreme Court of Kansas · 1889
- Shellito v. SampsonSupreme Court of Iowa · 1883
- Hunter v. WaynickSupreme Court of Iowa · 1885
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