Van Patten v. Burr
Supreme Court of Iowa
Appeal from Scott Circuit Cotirb. Action in chancery to set aside a general assignment for the benefit of creditors and certain chattel mortgages executed by defendant Joshua Burr, to the end that the property covered thereby may be made subject to a claim held by plaintiffs against Burr, upon which an action by attachment has been commenced. A demurrer to plaintiff’s petition was sustained. Plaintiffs appeal.
1Opinion of the Court
Beok, Ch. J.
— I. The petition alleges that defendant Joshua Burr is indebted to plaintiff in the sum of $1,198, and to recover the sum an action by attachment has been commenced; that while so indebted to plaintiff, the defendant, quoting the language of the petition, “in contemplation of insolvency and being then insolvent, made, executed and delivered in writing a general assignment of his property, for the benefit of his creditors, contained in three instruments executed by him;” that the first of these instruments, referred to in the petition as exhibit A, is a chattel mortgage upon all…
2Cases cited4 opinions
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Cole v. DealhamSupreme Court of Iowa · 1862
- Cowles & Co. v. RickettsSupreme Court of Iowa · 1855
3Cited by33 opinions
- Bock v. PerkinsSupreme Court of the United States · 1891
- Winner v. HoytWisconsin Supreme Court · 1886
- P. C. Hanford Oil Co. v. First National BankIllinois Supreme Court · 1888
- Campbell v. Colorado Coal & Iron Co.Supreme Court of Colorado · 1885
- South Branch Lumber Co. v. OttSupreme Court of the United States · 1892
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