Joseph v. McGill
Supreme Court of Iowa
Appeal from Hardin District Co%irt. The petition in substance alleges that the defendant, Austin McGill', is indebted to the plaintiff on four promissory notes in the sum of $900 to $1,000, for which plaintiff brought suit in February, 1877, and caused to be attached lot four, in block nine, in the town of Ackley, that Austin McGill is the owner of said lot four, and all his other property is incumbered to its full value, and he is insolvent; that a number of years ago,…
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Appeal from Hardin District Co%irt. The petition in substance alleges that the defendant, Austin McGill', is indebted to the plaintiff on four promissory notes in the sum of $900 to $1,000, for which plaintiff brought suit in February, 1877, and caused to be attached lot four, in block nine, in the town of Ackley, that Austin McGill is the owner of said lot four, and all his other property is incumbered to its full value, and he is insolvent; that a number of years ago, being largely indebted, and in insolvent circumstances, he caused said lot to be conveyed to his wife, the defendant Sarah…
1Opinion of the CourtDay, J.
i. iiwuNouient'couveyanee: practice. If this injunction cannot be maintained there, may be a denial of justice to the plaintiff. The legal title to tho property in question is now in the defendant
Emma McGill. An attachment of this property . . , . ,. , m a suit against Austin McGill on the notes would not prevent the defendant Emma from disposing of the property to an innocent purchaser. Emma is not a party to the notes, and could not properly be made a defendant to an action upon them. In an action upon the notes Emma could not be made a party for the purpose of declaring the conveyance to…
2Cases cited3 opinions
- Buchanan v. MarshSupreme Court of Iowa · 1864
- Stevens v. Chance.Supreme Court of Iowa · 1878
- Bailey v. McGregorSupreme Court of Iowa · 1877
3Cited by2 opinions
- Goode v. GarritySupreme Court of Iowa · 1888
- Noyes v. CrawfordSupreme Court of Iowa · 1902