Marshall v. Bullard
Supreme Court of Iowa
Appeal from Lee District Court. — IÍon. Henry Bank, Jr., Judge. On February 4, 1895, the First National Bank of Ft. Madison obtained judgment against plaintiff and Fannie Bullard for the sum of $555.50, with costs. About February 20, 1895, the defendant, with said Fannie, executed a stay bond.
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Appeal from Lee District Court. — IÍon. Henry Bank, Jr., Judge. On February 4, 1895, the First National Bank of Ft. Madison obtained judgment against plaintiff and Fannie Bullard for the sum of $555.50, with costs. About February 20, 1895, the defendant, with said Fannie, executed a stay bond. In December of that year execution issued, whereupon the defendant paid the amount necessary to satisfy it to the bank’s attorney, who endorsed on the-judgment record: “Received satisfaction of this judgment and atty’s fees of John A. Bullard, except sheriff’s fees, and execution ordered, and same is…
1Opinion of the CourtLadd, J.
It may be conceded that John A. Bullard became the equitable owner, at least, of the judgment, as the amount thereof was paid to the judgment plaintiff’s attorney upon the express understanding that it should be assigned to him. Thereafter he caused an execution to issue, and directed the sheriff to levy upon the property of plaintiff, one of the judgment defendants; but when the sheriff was about to do so Bullard told Marshall if he would raise and pay one-half the judgment he would release him therefrom, and would' give the other to his (Bullard’s) mother, the other *464judgment defendant.…
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