Burchett v. Casady
Supreme Court of Iowa
Appeal from Van Burén District Court Action in replevin. Late in the evening of the 18th of January, 1862, the plaintiff swore to and filed before a justice of the peace of Yan Burén county a statement for" confession of judgment.
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Appeal from Van Burén District Court Action in replevin. Late in the evening of the 18th of January, 1862, the plaintiff swore to and filed before a justice of the peace of Yan Burén county a statement for" confession of judgment. The statement, among other things, set out, “that whereas I, the undersigned, B. B. Burchett, am indebted to one William McQuoid in the sum of $95.14 on a certain promissory note executed by me and Isaac Weatherington to one Robert D. Laverton for the same, &c., I hereby confess judgment against myself for the above amount and in favor of the said William McQuoid;…
1Opinion of the CourtCole, J.
1. Judgment by confession: statement. I. This is a controversy as to the validity of a judgment by confession, between the parties to the judge16’1*'- The test of validity of such judgment between the parties to it is not the same as when ^ controverSy js between a creditor of such judgment debtor and the plaintiff therein. The difference may find an apt illustration in the rules applicable to a fraudulent conveyance, which is held valid as between the parties, but void as to creditors.
The words, “justly due,” are not found in the confession in this case, nor does our statute require their…
2Cases cited4 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Vanfleet v. PhillipsSupreme Court of Iowa · 1861
- Davis v. SimmaSupreme Court of Iowa · 1862
- Plummer v. Douglas & WatsonSupreme Court of Iowa · 1862
3Cited by11 opinions
- Campbell v. WilliamsSupreme Court of Iowa · 1874
- Sluga v. WalkerNorth Dakota Supreme Court · 1899
- Worrall v. H. S. Chase & Co.Supreme Court of Iowa · 1909
- Knox v. NicoliSupreme Court of Iowa · 1896
- Tomlinson v. LitzeSupreme Court of Iowa · 1891
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