Miller v. Bryan
Supreme Court of Iowa
Appeal from the Warren District Court. The defendant, as sheriff of Warren county, by virtue of several writs of attachment, seized certain goods and chattels as the property of one Stewart, the defendant, on said writs. The plaintiff replevied said property, claiming the same to he his, and to be entitled to the immediate possession of the same.
Read the full summary
Appeal from the Warren District Court. The defendant, as sheriff of Warren county, by virtue of several writs of attachment, seized certain goods and chattels as the property of one Stewart, the defendant, on said writs. The plaintiff replevied said property, claiming the same to he his, and to be entitled to the immediate possession of the same. The issue being made, the principal question would appear to have been, whether a certain sale from Stewart to Miller was or was not fraudulent and void as to the creditors of Stewart. On the trial, the court, at the request of the defendant,…
1Opinion of the CourtWright, C. J.
We think the first instruction was right. Plaintiff insists that the sale would not be void, unless he participated in, or had knowledge, at the time of his purchase, of Stewart’s fraudulent intentions; and that the instructions should have been so qualified. It would certainly have more fully stated the law, if thus qualified; but when fairly construed, it cannot be said to establish the doctrine, that the fraudulent intention of the vendor alone, would make the sale void. It does not say, that if Stewart had a fraudulent intention, but if the sale was made to defraud the creditors of…
2Cited by14 opinions
- Allen v. McCallaSupreme Court of Iowa · 1868
- Harrison v. Iowa Midland R. R.Supreme Court of Iowa · 1873
- Wilde v. RawlesSupreme Court of Colorado · 1889
- Bacon & Co. v. ThompsonSupreme Court of Iowa · 1882
- Gimble v. AckleySupreme Court of Iowa · 1861
9 more not listed; retrieve them via the Exa API.