Wessels v. McCann
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. D. J. Linehan, Judge. Action for the recovery of specific personal property. From a judgment for the plaintiff, the defendant appeals.
1Opinion of the CourtGranger, J.
The property in controversy is a cornsheller. One Kirchoff is a judgment debtor to J. Thompson & Sons. The defendant, as sheriff, by virtue of an execution levied upon the cornsheller as the property of Kirchoff. The plaintiff claims that he purchased the sheller from Kirchoff before the seizure by the defendant,'and that he still owns the same. The answer denies the ownership by the plaintiff; avers that the “pretended purchase’’ was for the purpose of aiding Kirchoff to defraud his creditors, J. Thompson & Sons; that there was no delivery of the sheller to the plaintiff; and that no written…
2Cases cited4 opinions
- Boothby v. BrownSupreme Court of Iowa · 1874
- McAfee v. BusbySupreme Court of Iowa · 1886
- Sutton v. BallouSupreme Court of Iowa · 1877
- Hickok v. BuellSupreme Court of Iowa · 1879
3Cited by2 opinions
- Peycke Bros. v. HazenSupreme Court of Iowa · 1903
- Harris v. PenceSupreme Court of Iowa · 1895