Baker v. Mills
Supreme Court of Iowa
Appeal from Marshall District Gourt. — HoN. G. W. Burit-ham, Judge. MaNetta P. GattoN, having recovered a judgment against her husband, George Gatton, for six thousand five hundred and fifty-seven dollars, assigned it to the plaintiff, September 24,1896, as security for the payment of an indebtedness of one thousand dollars.
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Appeal from Marshall District Gourt. — HoN. G. W. Burit-ham, Judge. MaNetta P. GattoN, having recovered a judgment against her husband, George Gatton, for six thousand five hundred and fifty-seven dollars, assigned it to the plaintiff, September 24,1896, as security for the payment of an indebtedness of one thousand dollars. The intervener, Chamblers, caused an execution to issue on his judgment of three hun? dred and eighty-seven dollars and costs against the Gattons, to be levied on Mrs. Gatton’s judgment October 12, 1896, and the same to be sold to the intervener on the fourteenth day of…
1Opinion of the CourtLaud, J.
— The assignment of the judgment against her husband by Mrs. Gatton to the plaintiff, her brother, was not filed in the office of the clerk or minuted on the margin of the judgment docket. Code, section 8986. But the sheriff was duly notified thereof immediately after the levy of the intervener’s execution on such judgment. Thereupon it was appraised, and sold subject to their assignment. This is fully established by the evidence, notwithstanding some conflict, though through oversight the bill of sale was not so drawn. The appellant contends that, as the assignment was executed as security,…
2Cases cited5 opinions
- Campbell v. LeonardSupreme Court of Iowa · 1861
- Gordon v. HardinSupreme Court of Iowa · 1871
- Rand v. BarrettSupreme Court of Iowa · 1885
- Wells & Co. v. SabelowitzSupreme Court of Iowa · 1885
- Rankin v. EkelCalifornia Supreme Court · 1884
3Cited by1 opinion
- Chicago, Burlington & Quincy Railroad v. LampmanWyoming Supreme Court · 1909