Clinton National Bank v. Studemann
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. A. J. Leeeingwell, Judge. On the eighth, day of January, 1887, the plaintiff commenced its action against defendant. A writ of attachment was issued, and on the ninth and tenth days of January, 1887, the sheriff levied the same upon a large amount of property, including that in controversy, and garnished the intervenor.
Read the full summary
Appeal from Clinton District Court. — Hon. A. J. Leeeingwell, Judge. On the eighth, day of January, 1887, the plaintiff commenced its action against defendant. A writ of attachment was issued, and on the ninth and tenth days of January, 1887, the sheriff levied the same upon a large amount of property, including that in controversy, and garnished the intervenor. The plaintiff subsequently filed a supplemental petition, in which he aáked that the sheriff be appointed receiver of the attached property, with authority to convert the same into money, and that all attachment liens be preserved…
1Opinion of the CourtRobinson, J.
1. sale: cieiivS7entsiwye' with notice. I. The first question we are required to determine is the validity of the sale to intervenor. The petition of intervention alleges an agreement of purchase, and an actual ¿Le]ivery 0f the property thereunder. The demurrer admits these allegations to be true. The agreement of purchase, and the delivery thereunder, constituted a valid and completed sale. It is true that, after the property was delivered, it was returned to defendant to be cared for, and driven to market on a subsequent day ; but it does not appear that defendant retained any interest in…
2Cases cited2 opinions
- Johnson v. KnappSupreme Court of Iowa · 1873
- Morrison & Co. v. HogueSupreme Court of Iowa · 1878
3Cited by7 opinions
- Feldman v. McGuireOregon Supreme Court · 1899
- Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
- J. J. Smith Lumber Co. v. Scott County Garbage Reducing & Fuel Co.Supreme Court of Iowa · 1910
- State v. SteenSupreme Court of Iowa · 1904
- Dysart Savings Bank v. WeinsteinSupreme Court of Iowa · 1911
2 more not listed; retrieve them via the Exa API.