Wiggins v. Leonard
Supreme Court of Iowa
Appeal from Scott District Court. On the 28th or November, 1855, the plaintiff filed hi^ petition against the defendant, in an action of trespass, for taking and carrying away certain goods, wares and merchan- ' dize, the property of the plaintiff, on the 28 th of August, 1855, and converting them to his own use, to the damage of the plaintiff in the sum of two thousand dollars.
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Appeal from Scott District Court. On the 28th or November, 1855, the plaintiff filed hi^ petition against the defendant, in an action of trespass, for taking and carrying away certain goods, wares and merchan- ' dize, the property of the plaintiff, on the 28 th of August, 1855, and converting them to his own use, to the damage of the plaintiff in the sum of two thousand dollars. The plaintiff claims that one Haskins, being the owner of the goods and in possession, on the 5th da^ of June, 1855, gave a note to TIenry C. Lane for $1800, money borrowed, and executed a mortgage on the goods, to…
1Opinion of the CourtWoodward, J.
It appears quite manifest that this cause has not received an intelligent and proper trial, although, taking a general view of it, the result may seem unobjectionable. There is much reason to believe, that the true issue was lost sight of, and that a just discrimination was not exercised in regard to the testimony. These two matters were all-important to a right determination of the cause.
The issue upon which the mass of the testimony bore, was, whether the note and mortgage from Haskins to Lane were fraudulent, without consideration, and therefore, as to creditors of Haskins, void. Bearing…
2Cited by7 opinions
- Solander v. PeopleSupreme Court of Colorado · 1873
- State v. CroffordSupreme Court of Iowa · 1903
- Mowry v. ReinkingSupreme Court of Iowa · 1927
- State v. ManningSupreme Court of Iowa · 1910
- State v. UsherSupreme Court of Iowa · 1907
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