Lord v. Allen
Supreme Court of Iowa
Appeal from limn Circuit Court. The plaintiff commenced an action against M. H. Crosby on a promissory note, and 'asking a writ of attachment. The petition was filed June 16th, 1871, the writ issued, and on the same day certain personal property belonging to Crosby was attached thereon.
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Appeal from limn Circuit Court. The plaintiff commenced an action against M. H. Crosby on a promissory note, and 'asking a writ of attachment. The petition was filed June 16th, 1871, the writ issued, and on the same day certain personal property belonging to Crosby was attached thereon. On the 7th day of December, 1871, Crosby died, and, on the 27th day of January, 1872, the defendant, as the personal representative of the deceased, appeared, was substituted as defendant, and filed a pleading claiming the property attached as assets of the estate of the deceased, and ashed a dissolution of…
1Opinion of the CourtMiller, J.
Appellant insists that, upon the death of Crosby, before judgment, and the appointment of appellant as administrator, the attachment was dissolved, and the administrator became entitled to the attached property for the benefit of all the creditors; and, in support of this position, he cites a number of cases from other States. Without entering upon a review of these cases, we are of opinion that under the statutes of this State such is not the law here.
The basis of appellant’s argument is that personal property attached is in the custody of the law, for the benefit of all parties interested,…
2Cases cited3 opinions
- Day v. GriffithSupreme Court of Iowa · 1863
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Hannahs v. FeltSupreme Court of Iowa · 1863
3Cited by4 opinions
- Fawcett Investment Co. v. RullestadSupreme Court of Iowa · 1934
- Tetzloff v. MaySupreme Court of Iowa · 1915
- Tetzloff v. MaySupreme Court of Iowa · 1911
- Watts v. Southern Surety Co.Supreme Court of Iowa · 1933