Legal Opinion

Lombard v. Dows & Co.

Supreme Court of Iowa

Decided June 3, 1885PublishedCited by 6 opinions

Appeal from Union Cwouit Court. On the twenty-fourth day of June, 1882,;David Dows & Go. caused an attachment to be issued against Grant & Johnston, and thereon a'large amount of personal and real property was attached as the property of Grant & Johnston.

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Appeal from Union Cwouit Court. On the twenty-fourth day of June, 1882,;David Dows & Go. caused an attachment to be issued against Grant & Johnston, and thereon a'large amount of personal and real property was attached as the property of Grant & Johnston. On the fourteenth day of September, 1882, James L. Lombard aslced and obtained leave to intervene in said action on the ground that Grant & Johnston had, on the twenty-third day of June, 1882, executed to him a mortgage on the personal property so attached; and he asked that his lien be declared to be the superior lien on such property. To…

1Opinion of the CourtSeevers, J.

The conceded facts are that on the twenty-third day of June, 1882, Johnston, of the firm of Grant & Johnston, informed Lombard that he expected that Dows & Co. would cause an attachment to issue against Grant & Johnston, and. that he desired to secure Lombard in the amount due him, whereupon a. chattel mortgage was executed to secure the sum of $17,700, the same being evidenced by certain promissory notes. At the same time, and as a part of the same transaction, Johnston, or Grant & Johnston, executed a mortgage on real estate to secure the sum of $6,000 due Lombard over and above the amount…

2Cases cited4 opinions

  1. Butts v. PeacockWisconsin Supreme Court · 1868
  2. Davenport v. CummingsSupreme Court of Iowa · 1863
  3. Wood v. ScottSupreme Court of Iowa · 1880
  4. Lynde v. McGregorMassachusetts Supreme Judicial Court · 1866

3Cited by6 opinions

  1. Davis v. SchwartzSupreme Court of the United States · 1895
  2. Barks v. KleyneSupreme Court of Iowa · 1924
  3. Jaffray v. WolfSupreme Court of Oklahoma · 1896
  4. McMahon v. PithanSupreme Court of Iowa · 1914
  5. Milliman v. EddieSupreme Court of Iowa · 1902

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