Bickler, Winzer & Co. v. Kendall
Supreme Court of Iowa
Appeal from, lovÁsa District Gourt. The plaintiffs each instituted a suit on a money demand against defendant, R. S. Kendall, and in each suit a writ of attachment was issued against the property of defendant. The sheriff made an attempt to levy said writs on a certain stock of goods which had formerly belonged to defendant, but which at the time were in possession of the intervenor.
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Appeal from, lovÁsa District Gourt. The plaintiffs each instituted a suit on a money demand against defendant, R. S. Kendall, and in each suit a writ of attachment was issued against the property of defendant. The sheriff made an attempt to levy said writs on a certain stock of goods which had formerly belonged to defendant, but which at the time were in possession of the intervenor. The suits were commenced on the seventeenth day of October, 1881, and on the twenty-fifth of the follovdng January Garrett filed his petition in intervention, in which he alleged that he was the owner of said…
1Opinion of the CourtReed, J.
The questions presented by the pleadings are (1) whether there was a valid levy of the attachments on the property in question; and (2) whether the sale of the goods by Kendall to intervenor was made for the purpose of hinder*705ing, delaying or defrauding Kendall’s creditors in the collection of their debts.
1. ATTACHqiSltesto' valid levy. I. The evidence without any conflict establishes the following facts, which should be considered in determining the first question: The sale by Kendall to Garrett t J was ma(^e a days before the attachments were gue(j 011£_ qpg pr0perty which was the subject of…
2Cases cited1 opinion
- Crawford v. NewellSupreme Court of Iowa · 1867
3Cited by4 opinions
- Hibbard, Spencer, Bartlett & Co. v. ZenorSupreme Court of Iowa · 1888
- Bicklin, Winzer & Co. v. KendallSupreme Court of Iowa · 1887
- Citizens National Bank v. ConverseSupreme Court of Iowa · 1897
- City Fuel & Supply Co. v. Nichols Roofing Co.Supreme Court of Iowa · 1929