Ware v. Delahaye & Purdy
Supreme Court of Iowa
Appeal from Des Moines District Court. — Host. J. M. Casey, Judge. On February 2,1891,-the plaintiff, Mrs. L. L. Warn, a judgment creditor of'the firm of Delabaye & Purdy, alleged to be insolvent, brought this action to charge the east half of lots 742 and 743, in the city of Burlington, and sixteen and two-thirds shares of the capital stock in the Merchant’s National Bank of Burlington, as per certificate No. 307, as the property of Hiram.
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Appeal from Des Moines District Court. — Host. J. M. Casey, Judge. On February 2,1891,-the plaintiff, Mrs. L. L. Warn, a judgment creditor of'the firm of Delabaye & Purdy, alleged to be insolvent, brought this action to charge the east half of lots 742 and 743, in the city of Burlington, and sixteen and two-thirds shares of the capital stock in the Merchant’s National Bank of Burlington, as per certificate No. 307, as the property of Hiram. Purdy, a member of said firm, with said indebtedness. Ellen Purdy, Ellen Purdy as trustee, and Lucy Phyfe were made defendants, as claiming some interest…
1Opinion of the CourtKinne, J.
I. This cause is now presented to us on a rehearing; which was granted only as to the matter treated of in the fourth division of the original opinion, which will be found in 60 N. W. Rep. 526. In that division it was held that Morris Willner was entitled to a first lien on the sixteen and two-thirds shares of bank stock. As to that we now reach a different conclusion. In all other respects the original opinion, which is as follows, is adhered to:
“On and prior to May 16, 1882, Hiram Purdy was the owner of the east half of lots 742 and 743 in the city of Burlington, upon which he had in…
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