Miller v. Clarke
Supreme Court of Iowa
Appeal from Monroe District Oowrt. Tuesday, October 21. The plaintiffs bring this action in equity, claiming to be judgment creditors of one Hiram R. Steele, setting forth in their petition the dates and amounts of their several judgments, and claiming also that their judgments are and became liens on out-lot No. 14, in the town of Albia, Monroe county, at the respective dates stated.
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Appeal from Monroe District Oowrt. Tuesday, October 21. The plaintiffs bring this action in equity, claiming to be judgment creditors of one Hiram R. Steele, setting forth in their petition the dates and amounts of their several judgments, and claiming also that their judgments are and became liens on out-lot No. 14, in the town of Albia, Monroe county, at the respective dates stated. It is also alleged that said Steele and the defendant, Clarke, on or about the 1st of June, 1870, conspiring and confederating together to cheat and defraud Steele’s creditors, the latter delivered to said…
1Opinion of the CourtMiller, J.
1 XT SURY. The first question presented for our determination is as to the validity of the judgment confessed by H. H. Steele in favor of the defendant Clarke. It is assailed on two grounds, first “ that said Steele was not at the date of said judgment indebted to said Clarke in any sum whatever,- but that said pretended statement and the judgment rendered thereon were created and caused to be placed there ” to defraud the creditors of said Steele.
There was no attempt to sustain this claim by evidence on the trial, nor is there any thing in the whole case tending to establish it. On the other…
2Cases cited6 opinions
- Dickson v. ChornSupreme Court of Iowa · 1858
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
- Hubbard v. CurtisSupreme Court of Iowa · 1859
- Carmichael v. BodfishSupreme Court of Iowa · 1871
- Twogood v. PenceSupreme Court of Iowa · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- Henry v. SansomCourt of Appeals of Texas · 1893
- Brown v. BarngroverSupreme Court of Iowa · 1891
- Pardoe v. Iowa State National BankSupreme Court of Iowa · 1898
11 more not listed; retrieve them via the Exa API.