Des Moines Savings Bank v. Morgan Jewelry Co.
Supreme Court of Iowa
Appeal from Polh District Court. — TIon. James A. IIowe, Judge. Action commenced in equity to'foreclose a chattel mortgage dated October 11, 1901, executed to plaintiff by the defendant F. L. Morgan, doing business as the Morgan Jewelry Company, and liis wife, Alletta E. Morgan. The "petition was filed June 21, 1902, and thereto the defendants made no appearance. Upon the application of plaintiff, a receiver was appointed; who took possession of the mortgaged chattels.
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Appeal from Polh District Court. — TIon. James A. IIowe, Judge. Action commenced in equity to'foreclose a chattel mortgage dated October 11, 1901, executed to plaintiff by the defendant F. L. Morgan, doing business as the Morgan Jewelry Company, and liis wife, Alletta E. Morgan. The "petition was filed June 21, 1902, and thereto the defendants made no appearance. Upon the application of plaintiff, a receiver was appointed; who took possession of the mortgaged chattels. On July 22, 1902, defendant E. L. Morgan was adjudged an involuntary bankrupt in the District Court of the United States, the…
1Opinion of the CourtBishop, J.
i practice-intermediate ruling. Having filed his petition, the intervener moved the court that the receiver theretofore appointed and then in possession of the mortgaged chattels, be restrained from further administration upon, sale or disposition of, the property in his hands, and that he be required by an order of court to turn over and surrender all thereof to the intervener, as trustee in bankruptcy. This motion was overruled, and, based thereon, error is assigned. Counsel for appellee submit in argument that inasmuch as the motion -de reference to the petition of intervention, and. was…
2Cases cited10 opinions
- Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
- Barbour v. PriestSupreme Court of the United States · 1881
- Corey v. ShermanSupreme Court of Iowa · 1895
- Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
- Deland v. Miller & Cheney BankSupreme Court of Iowa · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- Torrez v. BradyNew Mexico Supreme Court · 1932
- Hoy v. HeaverSupreme Court of Iowa · 1915
- Burnham v. Fort Dodge Grocery Co.Supreme Court of Iowa · 1909
- Joseph Nelson Supply Co. v. LearyUtah Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.