Davis v. Schwartz
Supreme Court of the United States
APPEAL FROM THE .CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA, EASTERN DIVISION. This suit was originally begun by a petition filed December 29, 1884, upon the equity side of the District Court of Lee County, Iowa, by certain creditors, who had previously attached the stock in trade at Fort Madison, Iowa, of one John H. Schwartz, to set aside and vacate four chattel mortgages upon such property, and subject the same to the payment of their debts.
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APPEAL FROM THE .CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF IOWA, EASTERN DIVISION. This suit was originally begun by a petition filed December 29, 1884, upon the equity side of the District Court of Lee County, Iowa, by certain creditors, who had previously attached the stock in trade at Fort Madison, Iowa, of one John H. Schwartz, to set aside and vacate four chattel mortgages upon such property, and subject the same to the payment of their debts. Upon the following day the suit was removed, upon the petition of the plaintiffs Samuel C. Davis & Co. of St. Louis and E.…
1Opinion of the CourtJustice Brown
This is a contest between the attaching creditors and the chattel mortgagees of the property of John H. Schwartz, an insolvent debtor formerly engaged in business at Fort Madison and. Chariton in the State of Iowa, and at Dallas in the State of Illinois. These two classes of creditors are in reality competitors in a race of diligence, the object of which was to obtain a lien upon and possession of the property in question.
1. As the case was referred by the court to a master to report, not the evidence merely, but the facts of the case, and his conclusions of law thereon, we think that his…
2Cases cited47 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Norris v. JacksonSupreme Court of the United States · 1870
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- Stewart v. DunhamSupreme Court of the United States · 1885
- Insurance Co. v. FolsomSupreme Court of the United States · 1874
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3Cited by218 opinions
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- Thomson v. GaskillSupreme Court of the United States · 1942
- Alabama Power Co. v. IckesSupreme Court of the United States · 1938
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