Gimble v. Ackley
Supreme Court of Iowa
Appeal from Scott District Court. Whitaker obtained a judgment in the Scott County Court, against Foster, Frazier and another. An execution issued upon this judgment, which was levied upon a yoke of cattle, as the property of Foster. These cattle were replevied by Frazier, he claiming them as exempt from execution. At the hearing of this case before a justice, it appears that plaintiff asked a continuance, and defendant demanded a new bond.
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Appeal from Scott District Court. Whitaker obtained a judgment in the Scott County Court, against Foster, Frazier and another. An execution issued upon this judgment, which was levied upon a yoke of cattle, as the property of Foster. These cattle were replevied by Frazier, he claiming them as exempt from execution. At the hearing of this case before a justice, it appears that plaintiff asked a continuance, and defendant demanded a new bond. This latter demand was sustained, and plaintiff not complying, it was “thereupon considered that defendant have and receive of the aforesaid plaintiff,…
1Opinion of the Court
Y7RI&HT, J.
The question whether the purchase by Gim-ble from Frazier, was made in good faith, and for a valuable consideration, was submitted as one of fact to the jury, under proper instructions from the court. While the testimony upon this subject does not leave it by any means free from doubt, and while we as jurors might have determined it otherwise, we are far from believing that the verdict was so far against evidence as to justify our interference.
*30Bat it is claimed that inasmuch, as Gimble bought from Erazier pending the first replevin proceedings, which were determined against…
2Cases cited4 opinions
- Woglam v. CowperthwaiteSupreme Court of the United States · 1790
- Miller v. BryanSupreme Court of Iowa · 1856
- Acker v. WhiteNew York Supreme Court · 1841
- Smith v. MontgomerySupreme Court of Iowa · 1857
3Cited by6 opinions
- Mohr v. LanganSupreme Court of Missouri · 1901
- Flickinger v. Mark IV Apartments, Ass'nSupreme Court of Iowa · 1982
- Reeves & Co. v. SebernSupreme Court of Iowa · 1864
- Roberts v. MooneySouth Dakota Supreme Court · 1937
- Harrow v. RyanSupreme Court of Iowa · 1870
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