Brace v. Grady
Supreme Court of Iowa
Appeal from Iowa Circuit Court. Action at law. The petition declares upon a lease and two promissory notes given for rent to accrue thereunder. When. the action was commenced the rent provided for in the lease and notes was not due, but the petition avers, “ that nothing but time is wanting to make the rent money due; that defendant is about to dispose of his property, with intent to defraud his creditors; that no part of said indebtedness has been paid.”
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Appeal from Iowa Circuit Court. Action at law. The petition declares upon a lease and two promissory notes given for rent to accrue thereunder. When. the action was commenced the rent provided for in the lease and notes was not due, but the petition avers, “ that nothing but time is wanting to make the rent money due; that defendant is about to dispose of his property, with intent to defraud his creditors; that no part of said indebtedness has been paid.” After demand for judgment the petition asks “ that a writ of attachment issue for the enforcement of his (plaintiff’s) lien.” No attachment…
1Opinion of the Court
Peck, Oh. J.
— I. Without determining that the petition is not sufficient to authorize an attachment enforcing the landlord’s lien under chapter 99 of the Revision, we are of the opinion that it is sufficient to support an action under chapter 12é. Under the last-named chapter, attachments may be issiied “ previous to the time when the debt becomes due, when nothing but time is wanting to fix an absolute indebtedness, *354and when the petition, in addition to that fact, states that the defendant is about to dispose of his property with intent to defraud his creditors.” § 3178. The petition…
2Cited by11 opinions
- Todhunter v. De GraffSupreme Court of Iowa · 1914
- Brown v. CairnsSupreme Court of Iowa · 1898
- Bottineau Land & Loan Co. v. HintzeSupreme Court of Iowa · 1910
- McConnell v. AveySupreme Court of Iowa · 1902
- Wolmerstadt v. JacobsSupreme Court of Iowa · 1883
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