Legal Opinion

Garrett v. Burlington Plow Co.

Supreme Court of Iowa

Decided October 6, 1886PublishedCited by 48 opinions

Ajppecd from Des Moines District Court. Aotion in chancery ' to foreclose a mortgage executed by the Burlington Plow Company to plaintiff, as a trustee for certain of its creditors, upon real estate and personal property. There was a decree granting the relief prayed for in plaintiff’s petition. Defendants appeal.

1Opinion of the Court

Bece, J.-

I. The questions presented in this case arise upon the ruling of the district court in sustaining a demurrer to the answers of defendants to plaintiff’s petition. It therefore becomes necessary to state with particularity the pleadings in the case, especially the answers held upon the demurrer to present insufficient defenses to the action.

The petition alleges the corporate character of defendant the Burlington Plow Company, and that, being indebted by promissory notes to the Iowa State Savings Bank in the amount of $10,000, to Bubie ID. Tuttle and Lauren Tuttle in sums of $7,295.93…

2Cases cited3 opinions

  1. Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
  2. Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
  3. Cadwell's Bank v. CrittendenSupreme Court of Iowa · 1885

3Cited by48 opinions

  1. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  2. O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
  3. Bank of Montreal v. J. E. Potts Salt & Lumber Co.Michigan Supreme Court · 1892
  4. Orme v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1923
  5. Corey v. WadsworthSupreme Court of Alabama · 1891

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