Thomas v. Hillhouse
Supreme Court of Iowa
Appeal from, Des Moines District Court Replevin FOR a safe. In May, 1858, Green, Thomas & Co., being the owners of a building and safe therein, leased the same to Lauman, Hedge & Co., for three years. In November, 1858, the Randolph Bank recovered judgment against Green, Thomas & Co. for about four hundred and seventy-seven dollars. In July, 1859, an execution issued on said judgment, and Lauman, Hedge & Co. were garnished thereunder.
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Appeal from, Des Moines District Court Replevin FOR a safe. In May, 1858, Green, Thomas & Co., being the owners of a building and safe therein, leased the same to Lauman, Hedge & Co., for three years. In November, 1858, the Randolph Bank recovered judgment against Green, Thomas & Co. for about four hundred and seventy-seven dollars. In July, 1859, an execution issued on said judgment, and Lauman, Hedge & Co. were garnished thereunder. At the January Term, 1860, said garnishees answered, that the lease had been assigned to Green and Hamill prior to the service of garnishee notice on them, and…
1Opinion of the CourtCole, J.
1. Evidence: dates. I. It is clear from the agreed statement of facts, that the execution defendants, Green, Thomas & Co., sold all their interest in the safe to the plaintiffs before the service oí the garnishee process upon the lessees, Lauman, Hedge & Co., unless the bill of sale was ante-dated. Upon the question as to the date of the bill of sale, there is no evidence whatever, nor is there anything in the agreed statement of facts relating thereto, except the bill of sale itself, and its acknowledgment, which was near three years after its date. The fact that it was acknowledged long…
2Cases cited3 opinions
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Allison v. BarrettSupreme Court of Iowa · 1864
- Randolph Bank v. ArmstrongSupreme Court of Iowa · 1861
3Cited by29 opinions
- Howe & Co. v. JonesSupreme Court of Iowa · 1881
- Boothby v. BrownSupreme Court of Iowa · 1874
- Rea v. WilsonSupreme Court of Iowa · 1900
- Laird Bros. v. DickersonSupreme Court of Iowa · 1875
- Rogers v. HighlandSupreme Court of Iowa · 1886
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