Price v. Parker
Supreme Court of Iowa
Appeal from Delaware District Court Replevin by the assignee of E. C. & C. Harding, claiming certain personal property levied upon by the defendant, as sheriff, to satisfy the debts of said assignors. Trial, verdict and judgment for plaintiff, in each case, and defendant appeals. The substantial questions involved in the case, are: I. Had the plaintiff a right, as assignee, to bring the suit at the time he did so ? II.
Read the full summary
Appeal from Delaware District Court Replevin by the assignee of E. C. & C. Harding, claiming certain personal property levied upon by the defendant, as sheriff, to satisfy the debts of said assignors. Trial, verdict and judgment for plaintiff, in each case, and defendant appeals. The substantial questions involved in the case, are: I. Had the plaintiff a right, as assignee, to bring the suit at the time he did so ? II. Was the assignment shown by the evidence, void; or, was there any evidence tending to show that this ought to have been passed on by the jury? (No brief by counsel for appellee…
1Opinion of the CourtWright, J.
I. The assignment was not void for want of the inventory required by the 1st section of the act of 1857. The 8th section of said act expressly declares that no assignment shall be declared fraudulent or void for want of such list. (Page 432.) This being the unequivocal declaration of the statute where there is an entire failure to annex an inventory, there would of course be much less *145ground for claiming that the assignment was fraudulent, where, as in this case, the instrument was made and acknowledged and filed for record, with full notice to the officer before the levy, and an inventory…
2Cases cited1 opinion
- Meeker v. SandersSupreme Court of Iowa · 1858
3Cited by6 opinions
- Clayton v. JohnsonSupreme Court of Arkansas · 1880
- Bartemeier v. Central National Fire InsuranceSupreme Court of Iowa · 1916
- American & Co. v. FrankSupreme Court of Iowa · 1883
- Winn v. MaddenMissouri Court of Appeals · 1885
- Brown v. ParkerCourt of Appeals for the Eighth Circuit · 1899
1 more not listed; retrieve them via the Exa API.