McMahon v. Pithan
Supreme Court of Iowa
Appeal from Crawford District Court. — Hon. M. E. Hutchi-son, Judge. Action in equity to have a certain cbattel mortgage declared to be fraudulent and void because made to binder and delay the creditors of the mortgagor, Brown, and to recover the. value of the mortgaged property from the defendant mortgagee for the reason that he sold and converted the same to his own use and now holds the same under a pretended foreclosure of his mortgage.
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Appeal from Crawford District Court. — Hon. M. E. Hutchi-son, Judge. Action in equity to have a certain cbattel mortgage declared to be fraudulent and void because made to binder and delay the creditors of the mortgagor, Brown, and to recover the. value of the mortgaged property from the defendant mortgagee for the reason that he sold and converted the same to his own use and now holds the same under a pretended foreclosure of his mortgage. Defendant denied the alleged fraud and pleaded a former adjudication of the validity of the mortgage, in the federal District Court, in a voluntary…
1Opinion of the CourtDeemeR, J.
On December 17, 1907, Frank H. Brown, who was about to become a tenant upon one of defendant’s farms, and who was without means, purchased from him (defendant) certain horses, cattle, and machinery amounting to approximately $1,307. For the purchase price thereof he gave a note to defendant, and at the same time executed another note for the sum of $1,893, which we find was without consideration and made to deceive, delay, and hinder creditors; and at the same time Brown executed and delivered to defendant a chattel mortgage upon practically all his personal property exempt as well as…
2Cases cited14 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Coder v. ArtsSupreme Court of the United States · 1909
- Acme Harvester Co. v. Beekman Lumber Co.Supreme Court of the United States · 1912
- Trimble v. WoodheadSupreme Court of the United States · 1881
- Moyer v. DeweySupreme Court of the United States · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barks v. KleyneSupreme Court of Iowa · 1924
- Neuberger v. FelisSupreme Court of Alabama · 1919
- In re Southern Metal Products Corp.District Court, N.D. Alabama · 1939
- Tetrick v. McIntireWest Virginia Supreme Court · 1931