Hoyt v. Clemans
Supreme Court of Iowa
Appeal from Buohmwn District Court. — Hon. Geo. W. Dun-ham, Judge. Garnishment proceedings against Roberts and the People’s National Bank of Independence, Iowa, garnishees, to satisfy a judgment held by. plaintiff against Will Clemans and Estella Clemans. A mortgagee of certain chattel property, and the landlord on whose land the property was kept, appeared and made claim to the property.
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Appeal from Buohmwn District Court. — Hon. Geo. W. Dun-ham, Judge. Garnishment proceedings against Roberts and the People’s National Bank of Independence, Iowa, garnishees, to satisfy a judgment held by. plaintiff against Will Clemans and Estella Clemans. A mortgagee of certain chattel property, and the landlord on whose land the property was kept, appeared and made claim to the property. Plaintiff moved for judg1 ment against the garnishees, and this motion was overruled, the garnishees were discharged, and plaintiff appeals.—
1Opinion of the CourtDeemer, J.
1. Liens upon Elil'X i Cüllbr]lt to sale: waiver : garnishment. Clemans and wife were tenants of a farm, owned by one Mrs. Carmody, and kept thereon certain property, upon which the landlord had a lien for rent due and to become due. One Jamison had a chattel mortupon this property, which was superior determined to Clemans con-to the lien of the landlord, eluded to quit farming, have a public sale of his property. Before announcing this sale, he secured the consent of the landlord and the mortgagee, upon condition that the garnishee Roberts should act as clerk of the sale, and that the…
2Cases cited7 opinions
- Smith v. Crawford County State BankSupreme Court of Iowa · 1894
- Smith v. ClarkSupreme Court of Iowa · 1897
- Waters v. Cass County BankSupreme Court of Iowa · 1884
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- Bergman v. GuthrieSupreme Court of Iowa · 1893
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