Smith v. Smith Bros.
Supreme Court of Iowa
Appeal from Audubon District Court. — Hon. N. W. Macy, Judge. - A BEHEAEiNG- having been granted, this case is again before us for consideration.
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Appeal from Audubon District Court. — Hon. N. W. Macy, Judge. - A BEHEAEiNG- having been granted, this case is again before us for consideration. The former opinion will be found in 50 N. W. Rep. 64. This is an action in equity to foreclose a certain chattel mortgage executed by the defendant firm, Smith Bros., composed of Ernest Smith and O. D. Smith, to the plaintiff, on their stock of merchandise, and for a decree declaring the same superior to a mortgage to the defendant Mary Archer, and to the attachments of Warfield & Howell, Biotcky Bros., Spangler, Eroe & Co., Doggett, Bassett & Hills…
1Opinion of the CourtGiven, J.
I. We first consider the case as presented on the plaintiff’s appeal. The contentions thereby presented are between the plaintiff and the attaching creditors. It is not questioned but that the plaintiff’s mortgage is valid and binding upon Smith Bros., nor that it is prior in point of date to the mortgage to Sarah Archer and to all attachments. The contention is whether the plaintiff is entitled to priority, as to the firm’s property, over creditors of the firm. In 1884 the defendants Ernest and O. D. Smith were each indebted to their father, the plaintiff, then and *96since a resident of the…
2Cases cited12 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Murray v. MurrayNew York Court of Chancery · 1821
- City of Maquoketa v. WilleySupreme Court of Iowa · 1872
- Murrill v. NeillSupreme Court of the United States · 1850
- Poole, Gilliam & Co. v. SeneySupreme Court of Iowa · 1885
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3Cited by15 opinions
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- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Noyes v. RossMontana Supreme Court · 1899
- Sylvester, Hilton & Co. v. Henrich & TomlinsonSupreme Court of Iowa · 1895
- Capital Food Co. v. Globe Coal Co.Supreme Court of Iowa · 1909
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