Legal Opinion

Rand v. Barrett

Supreme Court of Iowa

Decided September 24, 1885PublishedCited by 6 opinions

Appeal from Des Moines Circuit Court. These are actions on a bond given by the defendants to the sheriff of Des Moines county, by which they bound themselves to-indemnify him against the ^damages which he might sustain in consequence of the seizure and sale of certain personal property on execution, issued on' a judgment in favor of defendants and against Sweney & Bell, and to pay any claimant of said property any damages which he might sustain in consequence of such seizure…

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Appeal from Des Moines Circuit Court. These are actions on a bond given by the defendants to the sheriff of Des Moines county, by which they bound themselves to-indemnify him against the ^damages which he might sustain in consequence of the seizure and sale of certain personal property on execution, issued on' a judgment in favor of defendants and against Sweney & Bell, and to pay any claimant of said property any damages which he might sustain in consequence of such seizure and sale of said property. Plaintiffs recovered judgments in the circuit court, and defendants appeal.

1Opinion of the CourtReed, J.

The three causes were tried together in the circuit court, and were submitted in this court on one abstract and argument, and will be disposed of in one opinion. On the twelfth of November, 1877, the defendants R. A. Barrett and W. L. Barrett, acting as the agents and trustees of the heirs of R. A. Barrett, deceased* and J. N. Martin sold to the firm of Sweney & Bell the furniture and fixtures in a hotel in the city of Burlington for the price of $7,500. Of this amount the purchasers paid $3,000 in cash, and they gave their promissory notes (six in number) for the balance, and to secure the…

2Cases cited1 opinion

  1. Bank of the State v. AndersonSupreme Court of Iowa · 1863

3Cited by6 opinions

  1. Davis Gasoline Engine Works Co. v. McHughSupreme Court of Iowa · 1902
  2. McClure v. JohnsonSupreme Court of Oklahoma · 1898
  3. McDonnell v. BurnsCourt of Appeals for the Eighth Circuit · 1897
  4. Manning v. FergusonSupreme Court of Iowa · 1897
  5. Baker v. MillsSupreme Court of Iowa · 1899

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