Rawson & Rice v. Spangler
Supreme Court of Iowa
Appeal from Fayette Circuit Court. AotioN to replevy a cow and calf. Tbe property, in March, 1881, belonged to one Perkins. The plaintiffs claim that they acquired title to the property by purchase from Perkins’ wife. After the alleged purchase, the defendant, as a creditor of Perkins, attached the same as Perkins’ property. The plaintiffs brought this action to recover possession. There was a trial to the court, and judgment was rendered for the plaintiffs.
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Appeal from Fayette Circuit Court. AotioN to replevy a cow and calf. Tbe property, in March, 1881, belonged to one Perkins. The plaintiffs claim that they acquired title to the property by purchase from Perkins’ wife. After the alleged purchase, the defendant, as a creditor of Perkins, attached the same as Perkins’ property. The plaintiffs brought this action to recover possession. There was a trial to the court, and judgment was rendered for the plaintiffs. The defendant appeals.
1Opinion of the CourtAdams, J.
The court found that just prior to the alleged sale to the plaintiffs Perkins absconded, leaving his wife and *60Eve small children in needy and destitute circumstances, and leaving the cow and calf with his family; that at the time of the alleged sale, also, the family were in needy and destitute circumstances, and that the sale of the property was necessary for the support of the family. As a matter of law, the court held that the wife had the authority to sell and convey a good title.
The defendant insists that the finding that Perkins left his family in needy and destitute circumstances is…
2Cited by2 opinions
- Holdorf v. HoldorfSupreme Court of Iowa · 1919
- Holdorf v. HoldorfSupreme Court of Iowa · 1919