Adams v. Foley
Supreme Court of Iowa
Appeal from the Jackson District Court. On tbe 17th. of January, 1854, the defendant Eoley, as sheriff of Jackson county, attached certain goods, wares, and merchandise, by virtue of several writs of attachment, in favor of his co-defendants, and against one Boyd. Judgments were afterwards rendered in favor of the attaching creditors, and the property so attached, sold under execution to satisfy said debts.
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Appeal from the Jackson District Court. On tbe 17th. of January, 1854, the defendant Eoley, as sheriff of Jackson county, attached certain goods, wares, and merchandise, by virtue of several writs of attachment, in favor of his co-defendants, and against one Boyd. Judgments were afterwards rendered in favor of the attaching creditors, and the property so attached, sold under execution to satisfy said debts. The plaintiff thereupon brought his action of trespass against the sheriff and the said creditors, for the value of tbe goods, claiming that at the time of the levy of said attachments,…
1Opinion of the CourtWright, C. J.
It is first claimed, that the court erred in excluding the testimony of Mrs. Boyd, the widow of the attachment defendant, when offered by the appellants. To fully understand the question here presented, a brief reference to the testimony and position of the parties, becomes necessary. The defendants insist that the sale from Marsh to plaintiff, was not, at the time of the attachment of the goods, so complete, as against them, as to pass the title; but that if it was, it was fraudulent and made to hinder and delay the creditors of said Boyd. It seems that Boyd, Marsh and Wright, had been in…
2Cases cited6 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Rhett v. PoeSupreme Court of the United States · 1844
- United States v. WrightU.S. Circuit Court for the District of Ohio · 1839
- Cutter v. FanningSupreme Court of Iowa · 1856
- Merchants & Mechanics' Bank v. HewittSupreme Court of Iowa · 1856
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3Cited by7 opinions
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- Samuels v. GriffithSupreme Court of Iowa · 1862
- Richards v. VaccaroMississippi Supreme Court · 1890
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