Legal Opinion

Baker v. Redd

Supreme Court of Iowa

Decided October 5, 1876PublishedCited by 2 opinions

Appeal from Van Burén Gireuit Court. In June, 1870, the defendant recovered a judgment against the plaintiff in the Circuit Court of Yan Burén county, on a promissory note. The judgment was rendered by default and the object of this action, which was commenced in 1874, is to perpetually enjoin the collection of said judgment on the ground that it was fraudulently obtained and has been paid or satisfied.

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Appeal from Van Burén Gireuit Court. In June, 1870, the defendant recovered a judgment against the plaintiff in the Circuit Court of Yan Burén county, on a promissory note. The judgment was rendered by default and the object of this action, which was commenced in 1874, is to perpetually enjoin the collection of said judgment on the ground that it was fraudulently obtained and has been paid or satisfied. The Circuit Court found for the plaintiff and rendered a decree accordingly, and the defendant appeals.

1Opinion of the Court

Seevers, Ch. J.

There is no pretense anything has been paid on the judgment since its rendition. The note on which the judgment is based was given by the plaintiff to one S. B. Stedger, and the defendant obtained it from him, and the plaintiff claims to have paid a part of the amount to or for the benefit of Stedger before the transfer to the defendant and •the residue of the amount due on the note after its transfer.

Previous to the commencement of the suit on the note the defendant gave the plaintiff a receipt whereby he acknowledged the note had been paid, and the plaintiff claims that…

2Cited by2 opinions

  1. Melick v. First National BankSupreme Court of Iowa · 1879
  2. Foote v. State Savings Bank of Missouri ValleySupreme Court of Iowa · 1926

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