Richards, Crumbaugh & Shaw v. Haines
Supreme Court of Iowa
Appeal from Jones District Court. This is an equitable proceeding instituted under section 3291 of the Revision. Defendants are copartners in business, and plaintiffs had recovered a judgment against one of them, Haines, upon which he caused an execution to be issued, and levied upon certain personal property belonging to the firm. Thereupon the other partner, Lewis, gave notice to the sheriff of Ms claim thereto, under section 3287 of the Revision.
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Appeal from Jones District Court. This is an equitable proceeding instituted under section 3291 of the Revision. Defendants are copartners in business, and plaintiffs had recovered a judgment against one of them, Haines, upon which he caused an execution to be issued, and levied upon certain personal property belonging to the firm. Thereupon the other partner, Lewis, gave notice to the sheriff of Ms claim thereto, under section 3287 of the Revision. The plaintiffs then filed their petition, instituting this equitable proceeding, under section 3291. The petition, by sundry amendments, was made…
1Opinion of the CourtBeck, J.
l. partner-^partnership utory^proceed! mgs. It is provided by tbe Revision, chapter 125, that when an execution is levied upon partnership property to satisfy the separate debts of a partner, and another partner asserts an equitable or other claim thereto, and notifies in writing the officer bolding tbe execution of such claim, tbe sale upon tbe execution shall be suspended, and the officer shall not deprive tbe parties of possession of tbe property, except for tbe purpose of making an inventory thereof and having tbe same appraised. Tbe execution shall be returned with tbe inventory and…
2Cases cited2 opinions
- Pierce v. WilsonSupreme Court of Iowa · 1855
- Hubbard v. CurtisSupreme Court of Iowa · 1859
3Cited by6 opinions
- Brown v. AllenSupreme Court of Iowa · 1872
- Cox v. RussellSupreme Court of Iowa · 1876
- Grover v. YounieSupreme Court of Iowa · 1900
- Angell v. JohnsonSupreme Court of Iowa · 1879
- Green v. BluntSupreme Court of Iowa · 1882
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