Allen v. Loring
Supreme Court of Iowa
Appeal from Cass Circuit Court. This action was commenced on the 27th day of December, 1870, the plaintiff claiming $643.44 as balance due him from defendants on bank account, etc. The plaintiff obtained a writ of attachment, on the ground that the defendants had disposed of their property with intent to defraud their creditors. The writ of attachment was served on the same day, December 27, 1870, by levying on lot 4, block 50, in Atlantic, and other property.
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Appeal from Cass Circuit Court. This action was commenced on the 27th day of December, 1870, the plaintiff claiming $643.44 as balance due him from defendants on bank account, etc. The plaintiff obtained a writ of attachment, on the ground that the defendants had disposed of their property with intent to defraud their creditors. The writ of attachment was served on the same day, December 27, 1870, by levying on lot 4, block 50, in Atlantic, and other property. On the 4th day of March, 1871, Tuttle and Robertson filed their petition of intervention, claiming a prior right to the attached…
1Opinion of the CourtCole, J.
The intervenors in this case, who alone appeal, by their petition allege that they have a lien, prior and paramount to the lien of the plaintiff, on the property attached in the action. That their lien arises as follows: On September 22, 1870, one George Clemens owned the said real property, and' on that day sold it to Loring & Dennett, the defendants, who paid part in cash therefor, and agreed to pay the balance in twelve months with eight per cent interest, and gave said Clemens the following *500obligation, therefor: “ Banking House of Loring & Bennett, $900. (No. 598.) Atlantic Iowa,…
2Cases cited1 opinion
- Porter v. City of DubuqueSupreme Court of Iowa · 1866
3Cited by7 opinions
- American Can Co. v. Erie Preserving Co.U.S. Circuit Court for the District of Western New York · 1909
- Cutler v. AmmonSupreme Court of Iowa · 1884
- Bain v. UllerichSupreme Court of Iowa · 1920
- Gilman v. DingemanSupreme Court of Iowa · 1878
- Howard v. CaveSupreme Court of Iowa · 1913
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