Case & Co. v. Burrows
Supreme Court of Iowa
Appeal from Suena Vista District Court. Action in attachment upon a promissory note executed by the defendants, T. II. Burrows, Walter Watts and Warren Prentice. The property attached is twenty-four head of cattle, in the possession of one Maurice Burrows, who held them under a contract whereby after feeding the cattle for a certain time he was to become the owner of one-half. The property was attached as the property of Walter Watts.
Read the full summary
Appeal from Suena Vista District Court. Action in attachment upon a promissory note executed by the defendants, T. II. Burrows, Walter Watts and Warren Prentice. The property attached is twenty-four head of cattle, in the possession of one Maurice Burrows, who held them under a contract whereby after feeding the cattle for a certain time he was to become the owner of one-half. The property was attached as the property of Walter Watts. The intervenor, Robert Whiting, claims to own the cattle (subject to Maurice Burrows’ rights and interest in the same) by virtue of a purchase of the cattle…
1Opinion of the CourtAdams, J.
The court, in instructing the jury, In the third instruction said: “There will be one question for you to deter*147mine in this case, and that is, was the sale from "Watts to Whiting a Iona fide sale for a valuable consideration?” To the giving of this instruction the plaintiffs 'excepted.
' The instruction, as will be observed, assumes that there was a sale in form, and submits to the jury the mere question as to whether it was of such a character that it can be upheld as against attaching creditors of the vendor. Now the plaintiffs insist that the evidence fails to show that there was a sale…
2Cited by5 opinions
- Hutton v. DoxseeSupreme Court of Iowa · 1902
- Brayton v. BoomerSupreme Court of Iowa · 1906
- Turkington v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1923
- Ballain v. BrazeltonSupreme Court of Iowa · 1936
- Klass v. Iowa Mutual Liability InsuranceSupreme Court of Iowa · 1930