Worley v. Sheppard
Supreme Court of Iowa
Appeal from Delaware District Court. — Hon. Franklin C. Platt, Judge. On1 July 10, 1897, A. W. Sheppard executed his promissory note to P. P. Curtis, who afterwards assigned it to Chas. Worley. The latter recovered judgment against said Sheppard for $956.12 in March, T905, and in June following caused execution to issue, and Johnson Sheppard and Fred Fife to be garnished.
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Appeal from Delaware District Court. — Hon. Franklin C. Platt, Judge. On1 July 10, 1897, A. W. Sheppard executed his promissory note to P. P. Curtis, who afterwards assigned it to Chas. Worley. The latter recovered judgment against said Sheppard for $956.12 in March, T905, and in June following caused execution to issue, and Johnson Sheppard and Fred Fife to be garnished. Fife answered that he was indebted to the judgment defendant in the sum of $25, and Johnson Sheppard answered that he was a brother of the judgment defendant, but owed him nothing ; that he had a mortgage' on three horses…
1Opinion of the CourtLadd, J.
1. Appeal- queswfflSbehlch reviewed.
Charles Worley recovered judgment against ¡3. W. Sheppard in March, 1905, on a debt originating in 1892. In June following execution was issued, and John-S01DL Sheppard served with notice of garnishment. The garnishee answered that he had possession three horses and a colt belonging to the judgment debtor on which he held a chattel mortgage to secure the payment of a note bf $500 given to him in settlement for rent due' and borrowed money. The plaintiff controverted this answer by alleging the fraudulent character of the mortgage, and also assailing the…
2Cases cited2 opinions
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- Singer Piano Co. v. Barnard, Walker & Co.Supreme Court of Iowa · 1900