J. S. Brittain Dry Goods Co. v. Plowman
Supreme Court of Iowa
Appeal from Clarice District Court. — Hon. H. M. Towner, J udge. Several creditors of G. W. Plowman in actions against bim caused writs of attachment to be levied on his stock of goods. J. E. Plowman intervened in each of these actions, claiming the attached property under a mortgage executed June 8, 1898. Answers thereto were filed, alleging the mortgage to be fraudulent.
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Appeal from Clarice District Court. — Hon. H. M. Towner, J udge. Several creditors of G. W. Plowman in actions against bim caused writs of attachment to be levied on his stock of goods. J. E. Plowman intervened in each of these actions, claiming the attached property under a mortgage executed June 8, 1898. Answers thereto were filed, alleging the mortgage to be fraudulent. Later the J. S. Brittain Dry Goods Company, having obtained judgment, began suit in equity to set aside the mortgage because executed in fraud of creditors, in which issues were joined, and on motion the other actions were…
1Opinion of the CourtLadd, J.
1 *6282 *625The stock of goods in controversy seems to have been obtained by G. W. Plowman in exchange for his farm, and soon after engaging in the new enterprise he discovered the need of money to pay the balance of the purchase price. To obtain this, he visited his brother, a farmer owning 400 acres of land near Plolden, Mo., and with him arranged to obtain $1,375 from the bank at that place. A note of $1,500 was executed to the bank, with the brother (the appellant) as surety; the difference being retained as interest. In the following June he again visited appellant, and, according to the latter’s…
2Cases cited3 opinions
- Isett v. LucasSupreme Court of Iowa · 1864
- Thomas v. McDonaldSupreme Court of Iowa · 1897
- Turner v. HardinSupreme Court of Iowa · 1890
3Cited by4 opinions
- Johnson v. WarringtonSupreme Court of Iowa · 1932
- Waterbury State Bank v. O'NeillNebraska Supreme Court · 1935
- Coburn v. DavisSupreme Court of Iowa · 1928
- Hickey v. DavidsonSupreme Court of Iowa · 1906