Ticonic Bank v. Harvey
Supreme Court of Iowa
Appeal from Linn District Court. The petition claims that plaintiff obtained judgment against Harvey & Dinsmore, that upon an execution issued thereon, certain lands were levied upon as the property of ■Harvey; that the title to said lands is in Abigail R. Harvey, the wife of Stephen F. (of the said firm of Harvey & Dins-more); that .said lands were paid for by Stephen F., and the title taken in the name of the wife for the purpose of hindering and delaying creditors.
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Appeal from Linn District Court. The petition claims that plaintiff obtained judgment against Harvey & Dinsmore, that upon an execution issued thereon, certain lands were levied upon as the property of ■Harvey; that the title to said lands is in Abigail R. Harvey, the wife of Stephen F. (of the said firm of Harvey & Dins-more); that .said lands were paid for by Stephen F., and the title taken in the name of the wife for the purpose of hindering and delaying creditors. The prayer is that the conveyance to Abigail R. may be declared null and void, and the lands subject to said execution. The…
1Opinion of the Court
Weight, Oh. J. —
It is first suggested by appellee’s counsel that the testimony is not certified in such form as to properly bring it before us.
The case was tried in the first method provided by statute for hearing equitable issues, and on this appeal, therefore, we are to try it on both the law and' facts as apparent of record. (Rev. 1860, § 2999.) The practice in such cases does not require that the evidence should be embodied and preserved by bill of exceptions as in a law action. The evidence is to be in writing, and when the clerk certifies, as he does in this instance, that it is all…
2Cases cited3 opinions
- Hagan v. WalkerSupreme Court of the United States · 1852
- Postlewait v. HowesSupreme Court of Iowa · 1856
- Levally v. EllisSupreme Court of Iowa · 1862
3Cited by16 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Schofield v. Ute Coal & Coke Co.Court of Appeals for the Eighth Circuit · 1899
- McCrary v. DemingSupreme Court of Iowa · 1874
- Conway v. Owensboro Savings Bank & Trust Co.U.S. Circuit Court for the District of Western Kentucky · 1908
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