Odell v. Lee & Kinnard
Supreme Court of Iowa
Appeal from Clayton District Court. The plaintiffs sued out an attachment against the firm of Lee & Kinnard, and under the writ the Sheriff levied upon a piano as the property of O. C. Lee, one of said firm, Adaline Lee, the wife of O. C. Lee, filed her petition as intervenor, claiming the property as belonging to her, and' not subject to seizure and sale to satisfy the debt of her husband.
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Appeal from Clayton District Court. The plaintiffs sued out an attachment against the firm of Lee & Kinnard, and under the writ the Sheriff levied upon a piano as the property of O. C. Lee, one of said firm, Adaline Lee, the wife of O. C. Lee, filed her petition as intervenor, claiming the property as belonging to her, and' not subject to seizure and sale to satisfy the debt of her husband. Issue being joined, the cause was submitted to the court, and upon hearing the evidence the petition of the intervenor was sustained, and the property ordered released. Motion for a new trial being…
1Opinion of the CourtBaldwin, C. J.
The evidence introduced upon the hearing establishes the fact that the piano was purchased with money acquired by'the petitioner after her marriage. It appears that she had accumulated a certain amount of money from the sale of maps or plats of land, and with it had entered a tract of land. This land she had sold at a profit, and with the proceeds had purchased the property in controversy. The money received from the sale of the land was deposited with the banking house of Lee & Kinnard, on the account of the husband. The husband at the instance of the wife took said money to Chicago, and…
2Cases cited1 opinion
- Smith v. HewettSupreme Court of Iowa · 1862
3Cited by5 opinions
- Shepard v. FindleySupreme Court of Iowa · 1927
- McAfee v. BusbySupreme Court of Iowa · 1886
- Pierson v. HeiseySupreme Court of Iowa · 1865
- Goodrich v. MungerSupreme Court of Iowa · 1870
- Miller & Co. v. SteeleSupreme Court of Iowa · 1874