Ind. School Dist. of West Point v. Werner
Supreme Court of Iowa
Appeal from Lee District Court. The Independent School District of West Point, plaintiff and appellant, avers.in its petition that it obtained judgment against the defendant, and one Charles Peters and others, on which an execution issued and was returned: “no property found of defendant’s.”
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Appeal from Lee District Court. The Independent School District of West Point, plaintiff and appellant, avers.in its petition that it obtained judgment against the defendant, and one Charles Peters and others, on which an execution issued and was returned: “no property found of defendant’s.” Afterward plaintiff brought a suit in equity against the said Charles Peters and others, for the purpose of subjecting to the payment of said judgment certain land to wlucli it was averred that said Charles Peters formerly held title, but which he had fraudulently conveyed to the other persons made…
1Opinion of the CourtAdams, J.
What interest, if any, the defendant had in said land, does not appear from the record. He had paid the taxes on the land for twenty-four years, and obtained his fire wood and fencing therefrom. This court will not presume that he was a trespasser, and in no respect is the case more favorable to the plaintiff than it would be if the defendant was owner of the land, and had done the acts complained of..At the time of the alleged cutting and removal of wood and timber, no decree had-been rendered in favor of the plaintiff. • At that time the plaintiff was, at most, a mere judgment lien holder.…
2Cases cited1 opinion
- Rodgers v. . BonnerNew York Court of Appeals · 1871
3Cited by8 opinions
- Lee v. KeechCourt of Appeals of Maryland · 1926
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Vaughn v. SchmalsleMontana Supreme Court · 1890
- Stiles v. BaileySupreme Court of Iowa · 1928
- Jones v. HallSupreme Court of Virginia · 1941
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