Spencer & Co. v. Moran
Supreme Court of Iowa
Appeal from, Jasper District Court. — Hon. David Ryan, Judge. The plaintiffs by this proceeding seek to charge the defendant as garnishee on an execution upon a judgment against Henry Zimmerman and J. A. Zimmerman. The defendant answered, denying indebtedness to the judgment defendants, and denying that he had in his possession any property rights or credits belonging to them. There was an issue made upon the answer, and upon a trial the defendant garnishee was discharged.
Read the full summary
Appeal from, Jasper District Court. — Hon. David Ryan, Judge. The plaintiffs by this proceeding seek to charge the defendant as garnishee on an execution upon a judgment against Henry Zimmerman and J. A. Zimmerman. The defendant answered, denying indebtedness to the judgment defendants, and denying that he had in his possession any property rights or credits belonging to them. There was an issue made upon the answer, and upon a trial the defendant garnishee was discharged. Plaintiffs appeal.
1Opinion of the Court
Rothbook, C. J.-
1. Chattel mortgage: garnishment of mortgagee: irregular foreclosure: liability. — I. It appears from the record that the defendants in execution are farm tenants, and that, for several years prior to the commencement of these proceedings, they -*• 07 47 rented and cultivated a farm owned by defendant Moran, the garnishee. The parties adopted the plan of securing the rent and other indebtedness by chattel mortgages upon the crops and other property of the defendants. These mortgages were made each year, and at the end of the year’s operations a settlement was had, and a new…
2Cited by4 opinions
- City of Fort Madison v. MooreSupreme Court of Iowa · 1899
- Meader v. AllenSupreme Court of Iowa · 1900
- Schier v. DankwardtSupreme Court of Iowa · 1893
- Wheeler v. Clinton CountySupreme Court of Iowa · 1894