First National Bank v. Fenn
Supreme Court of Iowa
- Appeal from, Story District Court. — Hon. S. M. Weaver, Judge. Action on a promissory note executed by the defendant. An attachment was issued, and certain personal property attached. Thereupon the intervenors filed petitions claiming the property under chattel mortgages. The plaintiff pleaded that the mortgages were fraudulent, because they were given for the purpose of hindering and defrauding creditors of the defendant.
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- Appeal from, Story District Court. — Hon. S. M. Weaver, Judge. Action on a promissory note executed by the defendant. An attachment was issued, and certain personal property attached. Thereupon the intervenors filed petitions claiming the property under chattel mortgages. The plaintiff pleaded that the mortgages were fraudulent, because they were given for the purpose of hindering and defrauding creditors of the defendant. Trial by jury, verdict for the intervenors, and judgment. The plaintiff appeals.
1Opinion of the CourtSeeveks, C. J.
1- e^denee to IiotPort ver‘ — I. The defendant, being indebted to the plaintiff, executed in August, 1884, a mortgage on the property in controversy to J. B. Eenn, his wife, to secure an alleged indebtedness, which mortgage she assigned to the intervenor Ringheim,and under it he claims. The indebtedness so secured was created about twenty years prior to the execution of the mortgage, and no note or written promise to pay the same was executed, until a note Was given therefor at the time the mortgage was executed. But there was evidence tending to show that the defendant orally agreed to pay…
2Cases cited2 opinions
- Jones v. BrandtSupreme Court of Iowa · 1882
- Brockway v. HallerSupreme Court of Iowa · 1881
3Cited by2 opinions
- Sprague, Warner & Co. v. BensonSupreme Court of Iowa · 1897
- First National Bank v. MessnerNorth Dakota Supreme Court · 1916