Pope v. Cheney
Supreme Court of Iowa
Appeal from Polk Circuit Court. Plaintiffs, in an action attachment against Cheney, caused a large quantity of corn in cribs to be levied upon by the writ of attachment issued in the case. Porter intervened, claiming to own the attached corn. A judgment was entered against defendant in favor of plaintiffs and against plaintiffs in favor of the intervenor. Plaintiffs appeal from the judgment against them in the proceedings of intervention.
1Opinion of the Court
Beck, J., property1!11 saryVofruTe appUedto1 onbs oi corn. I. The intervenor claims property in the corn under an oral sale and delivery by defendant before the levy of the attachment. The decisive question in the case involves the sufficiency of the sale and delivei7 to pass the property in the corn as against the attaching creditors. The evidence shows, w-t]lou^ dispute, that the intervenor, being bound as an indorser or- joint maker of several promissory notes executed by defendants, purchased the corn of defendants, payment therefor being made by the application of the amount of the price…
2Cases cited2 opinions
- Booth v. SmallSupreme Court of Iowa · 1868
- Boothby v. BrownSupreme Court of Iowa · 1874
3Cited by5 opinions
- Western Mining Supply Co. v. QuinnMontana Supreme Court · 1909
- Cownie v. Local Board of ReviewSupreme Court of Iowa · 1944
- Dysart Savings Bank v. WeinsteinSupreme Court of Iowa · 1911
- In re Pease Car & Locomotive WorksDistrict Court, N.D. Illinois · 1905
- Peycke Bros. v. HazenSupreme Court of Iowa · 1903