Case & Co. v. Burrows
Supreme Court of Iowa
Appeal from Suena Vista Sistriet Court. The plaintiff recovered a judgment against the defendants Burrows, Watts and Prentice upon certain promissory notes.
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Appeal from Suena Vista Sistriet Court. The plaintiff recovered a judgment against the defendants Burrows, Watts and Prentice upon certain promissory notes. At tbe commencement of the action a writ of attachment was issued, and twenty-four cattle were levied upon as the joint; property of defendant Watts and one Maurice Burrows, Robert Whiting intervened in the action, claiming that he was the owner of the cattle, and that he became sueb owner by purchase from defendant Watts, who gave to him (Whit, ing) all his right, title and interest to said property before the levy of the writ of…
1Opinion of the CourtRothrook, J.
I. This is the second appeal in this cause. In the former appeal a judgment in favor of the intervenoi. was reversed because the court in its instructions to the jury, assumed that there had been a sale of the cattle by Watts to Whiting, a question which was disputed upon the trial. In; *680the present appeal a number of erroi’s are assigned and argued, which alleged errors we will proceed to consider.
In order that the question presented may be the better understood, it is proper to state that in 1876 one Thomas IT. Burrows entered into a written contract with one Shaw to receive from said Shaw…
2Cases cited2 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Boyd v. First National BankSupreme Court of Iowa · 1868
3Cited by4 opinions
- Frankel Frank & Co. v. August Levi & Co.Supreme Court of Iowa · 1900
- Phelps v. KrollSupreme Court of Iowa · 1931
- In re KindtDistrict Court, S.D. Iowa · 1900
- Young v. EvansSupreme Court of Iowa · 1902