Legal Opinion

Poole, Gilliam & Co. v. Seney

Supreme Court of Iowa

Decided December 11, 1886PublishedCited by 13 opinions

Appeal from Franlclin District Court. PlaiNtiees eacb obtained a judgment against tlie firm the of Comvelliek & Seney, and William Comvellick and John Seney, tbe individual members of said firm. Executions were issued on these judgments, and defendant herein was garnished thereon as a supposed debtor of the defendants.

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Appeal from Franlclin District Court. PlaiNtiees eacb obtained a judgment against tlie firm the of Comvelliek & Seney, and William Comvellick and John Seney, tbe individual members of said firm. Executions were issued on these judgments, and defendant herein was garnished thereon as a supposed debtor of the defendants. He answered in each case, denying that he was in any manner indebted to the defendants, and alleging that defendant John Seney was indebted to him in a large amount, and that this amount was secured by two mortgages given by said John Seney, one of which was a chattel mortgage…

1Opinion of the CourtSeevbks, J.

The only evidence introduced to sbow that the mortgage was fraudulent and void was the decree in the 1. FORMER adjudication: Iromflftect timefor8 appeal. equitv case. This decree was in full force at the ... . in time it was introduced in evidence, and tlie dis-triet court rightly held that the question as to the validity of the mortgage had been adjudicated, and ^at flie <jecree estopped the parties from again litigating that question in this action. No appeal had been taken in the equity action. It is not, therefore, material to discuss what would have been the effect on the rights of *277tbe…

2Cases cited1 opinion

  1. Vinsant v. VinsantSupreme Court of Iowa · 1878

3Cited by13 opinions

  1. Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
  2. State Ex Rel. Fletcher v. District CourtSupreme Court of Iowa · 1931
  3. State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
  4. Haaren v. MouldSupreme Court of Iowa · 1909
  5. State v. SavageTexas Supreme Court · 1912

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