Legal Opinion

Shoonover v. Osborne Bros.

Supreme Court of Iowa

Decided April 14, 1900PublishedCited by 8 opinions

Appeal from Jones District Oourt. — Hon. William G. Thompson, Judge. In the case of Schoonover v. Osborne. 108 Iowa, 453, a writ of attachment was levied on the land of David Osborne. Ella E. and. Adella D. Osborne and G. W. and G. L. Lovell intervened, alleging they held liens prior and superior to that of such levy. The issues joined by interveners and plaintiff were transferred to the equity side of t^e calendar.

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Appeal from Jones District Oourt. — Hon. William G. Thompson, Judge. In the case of Schoonover v. Osborne. 108 Iowa, 453, a writ of attachment was levied on the land of David Osborne. Ella E. and. Adella D. Osborne and G. W. and G. L. Lovell intervened, alleging they held liens prior and superior to that of such levy. The issues joined by interveners and plaintiff were transferred to the equity side of t^e calendar. On hearing, the lien of the attachment, levy was declared superior, and the interveners appeal.—

1Opinion of the CourtLadd, J.

1 In the afternoon of August 6, 1896, David Osborne executed to his daughters Ella E. and Adella D. Osborne a mortgage on five hundred and sixteen acres of land, then in his name, to secure an alleged indebtedness to them of ten thousand three hundred and thirty-four dollars and seventy-five cents. This mortgage was filed for record on the same day, at 7:25 o’clock p. m. It described the land as in range 86 instead of 85, and on the following day another mortgage, making the proper correction, was signed and recorded. David Osborn'e also confessed judgment in favor of G. W. and G. L. Lovell…

2Cases cited17 opinions

  1. Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
  2. Sanger Bros. v. Thos. Trammell & Co.Texas Supreme Court · 1886
  3. Sioux Valley State Bank v. KellogSupreme Court of Iowa · 1890
  4. Vroman v. ThompsonMichigan Supreme Court · 1883
  5. First Nat. Bank v. Jasper County BankSupreme Court of Iowa · 1887

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3Cited by8 opinions

  1. Calhau v. Sociedade De Santo Antonio Beneficente De HawaiiHawaii Supreme Court · 1922
  2. Edwards v. TracySupreme Court of Iowa · 1927
  3. Shepard v. SchruttMichigan Supreme Court · 1910
  4. Cramer v. McDonaldSupreme Court of Iowa · 1931
  5. First National Bank of Linn Grove v. KindwallSupreme Court of Iowa · 1925

3 more not listed; retrieve them via the Exa API.

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