Collins v. Gregg
Supreme Court of Iowa
Appeal from Tama. District Court.'- — HoN. Gr. W. BurNham, Judge. The petition' is in two counts, tbe first of which sets forth a cause of action which is substantially as follows: Prior to December 14, 1893, plaintiffs were indebted to defendant in a considerable amount, which was evidenced iñ part by promissory notes and in part by book account.
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Appeal from Tama. District Court.'- — HoN. Gr. W. BurNham, Judge. The petition' is in two counts, tbe first of which sets forth a cause of action which is substantially as follows: Prior to December 14, 1893, plaintiffs were indebted to defendant in a considerable amount, which was evidenced iñ part by promissory notes and in part by book account. On that day, for the purpose of securing payment of this indebtedness, plaintiffs executed to defendant a warranty deed to the northeast one-quarter, section 31, township 85 north, range 14 west, in Tama county, and also1 a bill of sale of a large…
1Opinion of the CourtWatbbMAN, J.
I. After the evidence was all in,, plaintiffs filed an amendment to- their reply, which on motion was stricken from the files. This pleading set up that the-chattels transferred to defendant by the bill of sale had been? by him negligently permitted to be wasted and lost, by not asserting his rights against certain attaching creditors, and! *509that their value was three thousand dollars; and it was prayed that this amount be made a charge against defendant 1 in plaintiff’s favor. This, it strikes us, is not proper matter for a reply. Marder v. Wright, 70 Iowa, 42; Jones v. Marshall, 56 Iowa,…
2Cases cited4 opinions
- Marder, Luse & Co. v. WrightSupreme Court of Iowa · 1886
- White v. LucasSupreme Court of Iowa · 1877
- Gordon v. HardinSupreme Court of Iowa · 1871
- Jones v. MarshallSupreme Court of Iowa · 1881
3Cited by6 opinions
- Wood v. Parker Square State BankTexas Supreme Court · 1966
- Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
- Strong Hardware Co. v. Gonyow Et Ux.Supreme Court of Vermont · 1933
- Sullivan v. MurphySupreme Court of Iowa · 1930
- Tollerton & Stetson Co. v. SkeltonSupreme Court of Iowa · 1902
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