Gevers v. Farmer
Supreme Court of Iowa
Appeal from Limi District Gourt. — IíoN. Wm. G. Thompson Judge. ActioN to recover possession of specific personal property. Defendant denies plaintiff’s ownership or right to possession, and further pleads that his claim thereto is fraudulent and collusive, and made with intent to hinder and defraud the creditors of one Kelty, who it is claimed is the owner of the property. There was a trial to a jury, resulting in a verdict and judgment for defendant, and plaintiff appeals.'
1Opinion of the CourtDeemer, J.
January 13, 1896, one T. A. Kelty made a general assignment of his property to one F. IT. Lyman. A part of the property assigned consisted of a stock of liquors. These liquors were covered by a chattel mortgage. Shortly after the assignment the district court of Linn county made an order authorizing the assignee to sell the liquors subject to the chattel mortgage. Pursuant to this order the goods were sold to one William Baehr, who assumed the payment of the mortgage and a. landlord’s lien upon the stock, and paid in addition the sum of one thousand four hundred and seventy dollars in cash…
2Cases cited4 opinions
- Geo. R. Newell & Co. v. Martin & WagnerSupreme Court of Iowa · 1890
- Myers v. TownsendSupreme Court of Iowa · 1897
- Harward v. DavenportSupreme Court of Iowa · 1898
- Hillebrant v. GreenSupreme Court of Iowa · 1895