Adams & Co. v. Hickox
Supreme Court of Iowa
■Appeal from Marshall Circuit Court In this action the plaintiffs, J. M. Adams & Co., a partnership composed of J. M. Adams and M. II. White, replevied certain horses, harnesses, wagons, and other personal property used by them as a partnership engaged in the business of draying. The defendant, as sheriff of Marshall county, held the property under an execution, issued upon a judgment against Adams alone.
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■Appeal from Marshall Circuit Court In this action the plaintiffs, J. M. Adams & Co., a partnership composed of J. M. Adams and M. II. White, replevied certain horses, harnesses, wagons, and other personal property used by them as a partnership engaged in the business of draying. The defendant, as sheriff of Marshall county, held the property under an execution, issued upon a judgment against Adams alone. The plaintiffs averred that the property in question belonged to them as a firm, and that it was not the individual property of Adams. This the defendant denied. There was a trial by jury,…
1Opinion of the Court
Adams, Cu. J.
i. evidence : SooksSoflassessor. Under section 3053 of the Code, the interest of a partner in partnership property may be levied upon for the individual debt of the partner, and the officer may take possession of the property sufSeient to enable him to appraise and inventory the same. But the levy in this case was not made upon Adams’ interest as a partner, but upon the entire property as the sole and individual property of Adams, and the defendant seeks to hold the same as such.
The question submitted to the jury was as to whether the property was the individual property of…
2Cited by7 opinions
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- Greer v. Richardson Drug Co.Court of Appeals of Texas · 1892
- Hatch v. Board of SupervisorsSupreme Court of Iowa · 1915
- Ruthrauff v. Silver King Western Min. & Mill. Co.Utah Supreme Court · 1938
- In Re Estate of CheneySupreme Court of Iowa · 1937
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