Brainard v. Simmons
Supreme Court of Iowa
Appeal from,• Clarice Circuit Court. Appellant was garnished on an execution issued on a judgment in favor of plaintiff and against one Edsom Pennell. He answered denying that he was in any manner indebted to Pennell, or that he had any property in his possession belonging to him. Plaintiff filed a pleading controverting this answer. The case was then sent to a referee for trial, and judgment was rendered against the garnishee on the the report of the refer'ee.
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Appeal from,• Clarice Circuit Court. Appellant was garnished on an execution issued on a judgment in favor of plaintiff and against one Edsom Pennell. He answered denying that he was in any manner indebted to Pennell, or that he had any property in his possession belonging to him. Plaintiff filed a pleading controverting this answer. The case was then sent to a referee for trial, and judgment was rendered against the garnishee on the the report of the refer'ee. The garnishee appeals.
1Opinion of the CourtReed, J.
*647i. GABinsnemjapropdernalída-' lent chattel mortgage: liabilityoi garnishee lor lumertaín evidence. *646The pleading filed by plaintiff controverting the answer of the garnishee alleges that, after the notice of *647garnishment was served on him, the garnishee. had in his possession property belonging to Pennell of the value of $800; and that he took pos- . » . , , , , ,, , , session of said property under a chattel inort1 r J gage executed to him by Pennell, but that said mortgage was given without consideration, and was executed for the purpose of putting the property covered by it beyond the reach…
2Cases cited1 opinion
- Bartle v. CurtisSupreme Court of Iowa · 1885
3Cited by6 opinions
- Reynolds v. HainesSupreme Court of Iowa · 1891
- Thompson-Ritchie & Co. v. GravesSupreme Court of Louisiana · 1929
- Wright v. BrooksTennessee Supreme Court · 1899
- Conway v. WilsonNew Jersey Court of Chancery · 1888
- Northwestern State Bank of Orange City v. MuilenburgSupreme Court of Iowa · 1930
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