Legal Opinion

Miller v. Dayton

Supreme Court of Iowa

Decided December 7, 1877PublishedCited by 19 opinions

Appeal from Washington Circuit Court. Action in chancery to subject certain real estate to a judgment recovered by plaintiff against Lenox Dayton, on the ground that the property was conveyed to defendant for the purpose of defeating the collection of plaintiff’s claim. The cause was sent to a referee, and upon his report a decree was rendered granting the relief prayed for in plaintiff’s petition. Defendant appeals.

1Opinion of the CourtBeck, J.

The cause is brought here for review upon the report of the referee, the testimony not appearing in the record. The defendant, in the court below, filed exceptions to the referee’s report, which were based upon the ground that the facts found did not warrant the relief prayed for in the petition. The exceptions were overruled and a decree rendered in accord with the report. This action of the court is assigned as error.

i. judgment: conveyance: execution. I. It appears from the findings of the referee that plaintiff, in an action of slander, recovered a judgment against Lenox Dayton for $500…

2Cases cited3 opinions

  1. Postlewait v. HowesSupreme Court of Iowa · 1856
  2. Gwyer v. FigginsSupreme Court of Iowa · 1873
  3. Whitescarver v. BonneySupreme Court of Iowa · 1859

3Cited by19 opinions

  1. Strong v. LawrenceSupreme Court of Iowa · 1882
  2. Ziska v. ZiskaSupreme Court of Oklahoma · 1908
  3. Chalmers v. SheehyCalifornia Supreme Court · 1901
  4. Mickel v. WalravenSupreme Court of Iowa · 1894
  5. Shelby v. ZieglerSupreme Court of Oklahoma · 1908

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