Frick v. Fritz
Supreme Court of Iowa
Appeal from tíedar Rapids Superior Court. — Hon. James II. Roti-irock, Judge. This was- originally an action aided by attachment to recover judgment on certain notes made payable at Cedar Rapids. The -writ of attachment was levied on certain property of the defendant, consisting of cattle, corn, and hay, in Palo Alto county. Subsequently, by amendment, plaintiff asked the appointment of a receiver to take charge of the attached property.
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Appeal from tíedar Rapids Superior Court. — Hon. James II. Roti-irock, Judge. This was- originally an action aided by attachment to recover judgment on certain notes made payable at Cedar Rapids. The -writ of attachment was levied on certain property of the defendant, consisting of cattle, corn, and hay, in Palo Alto county. Subsequently, by amendment, plaintiff asked the appointment of a receiver to take charge of the attached property. Such receiver was appointed, and on his application the cattle were ordered to be removed to Cedar Rapids, and were so removed by him. Thereupon the…
1Opinion of the CourtMcClain, J.
The concrete question to be determined on this appeal is whether, when a receiver has been appointed for attached property, the expenses of the receivership shall be deducted from the proceeds of the property, as against an intervener who has established a right to the property as mortgagee prior and superior to that of the plaintiff under his attachment, it appearing that the proceeds of the attached property are not sufficient to satisfy the intervener’s mortgage, or whether, on the other hand, the proceeds of the property shall be turned over to the intervener under his claim as mortgagee,…
2Cases cited19 opinions
- Highley v. DeaneIllinois Supreme Court · 1897
- French v. GiffordSupreme Court of Iowa · 1871
- Ephraim v. Pacific BankCalifornia Supreme Court · 1900
- Radford v. FolsomSupreme Court of Iowa · 1880
- Beckwith v. CarrollSupreme Court of Alabama · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Team Central, Inc. v. Teamco, Inc.Supreme Court of Iowa · 1978
- Gulf Pipe Line Co. v. LasaterCourt of Appeals of Texas · 1917
- Van Valkenburgh v. FordCourt of Appeals of Texas · 1918
- Bellamy v. Washita Valley Telephone Co.Supreme Court of Oklahoma · 1909
- South County Sand & Gravel Co. v. Bituminous Pavers Co.Supreme Court of Rhode Island · 1971
13 more not listed; retrieve them via the Exa API.