Legal Opinion

Bridgman & Co. v. McKissick

Supreme Court of Iowa

Decided December 8, 1863PublishedCited by 22 opinions

Appeal from Monroe District Court. A proceeding in the nature of a creditor’s bill. Tbe complainants’ statement is, that on the 10th day of July, 1861, they obtained a judgment by confession against James McKissiek, for the sum of $640, together with costs of suit; that in the fall of 1860, the said James McKissiek purchased of one George Eoe the north half of the northwest quarter, and the southeast quarter of the southwest quarter, section 17, township 72, N. E. 16 W.,…

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Appeal from Monroe District Court. A proceeding in the nature of a creditor’s bill. Tbe complainants’ statement is, that on the 10th day of July, 1861, they obtained a judgment by confession against James McKissiek, for the sum of $640, together with costs of suit; that in the fall of 1860, the said James McKissiek purchased of one George Eoe the north half of the northwest quarter, and the southeast quarter of the southwest quarter, section 17, township 72, N. E. 16 W., paid for the same, and took the title in the name .of his wife, Ellen, for the purpose of defrauding his creditors, among…

1Opinion of the CourtLowe, J.

James and Ellen McKissick having fully admitted the facts stated in the bill, may be regarded as withdrawn from the contest, and it then remains to be determined, which of the two creditors has the preferable equity, or is entitled to the prior satisfaction out of the property in question, under the facts disclosed by the *264pleadings in the case. This is no unimportant question and should receive a solution which shall not only accord with the established rules of equity, but which shall best harmonize with the policy and objects of those provisions of the Revision which seem to have been…

2Cases cited4 opinions

  1. Edmeston v. LydeNew York Court of Chancery · 1829
  2. Corning & Norton v. WhiteNew York Court of Chancery · 1831
  3. Harrison v. KramerSupreme Court of Iowa · 1856
  4. Lucas v. AtwoodSupreme Court of Alabama · 1830

3Cited by22 opinions

  1. Boyle v. MaroneySupreme Court of Iowa · 1887
  2. Beeghly v. WilsonDistrict Court, N.D. Iowa · 1957
  3. Doster v. Manistee National BankSupreme Court of Arkansas · 1900
  4. Howland v. KnoxSupreme Court of Iowa · 1882
  5. Lippencott v. WilsonSupreme Court of Iowa · 1875

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