Daniels v. Logan
Supreme Court of Iowa
Appeal from Limn District Court. The defendants leased of one G. W. Wilson a store room for one year, commencing April 1, 1876, agreeing to pay tlierefor $240, payable quarterly'in advance.
Read the full summary
Appeal from Limn District Court. The defendants leased of one G. W. Wilson a store room for one year, commencing April 1, 1876, agreeing to pay tlierefor $240, payable quarterly'in advance. Plaintiff having purchased the premises at sheriff’s sale, on the 29th day of September, 1876, commenced an action for two quarterly installments, alleging that nothing but time was wanting to fix an absolute indebtedness, and that defendants were about to dispose of their property with intent to defraud their creditors. The cause was tried by the court, and a finding was submitted as follows: “I find that…
1Opinion of the Court
Day, Ch. J., I. I/ANDXjOIvI> possession*' attachment. Under the facts found by the court, of which no complaint is made, the decision, we think, is right. The court has found that defendants never surrendered possession of the premises, and that they never were evicted by plaintiff, and never demanded possession from him or from the sheriff. From the finding of facts it seems that the shutting up and locking of the room was the act of the sheriff, for the purpose of holding possession of the attached property. It does not appear that the plaintiff had anything to do with it further than…
2Cited by3 opinions
- Barret v. HeartfieldCourt of Appeals of Texas · 1940
- In re BradleyDistrict Court, N.D. Alabama · 1915
- Wolf v. RanckSupreme Court of Iowa · 1913