Hirsch, Elson & Co. v. Israel
Supreme Court of Iowa
Appeal from Gass District Court. — Hon. N. W. Macy, Judge. Suit in equity by two judgment creditors of M. B. Israel to subject certain personal property in bis possession to tbe payment of tbeir judgments, and for tbe appointment of a receiver. Tbe other defendants, aside from Israel, are mortgagees of tbe property.
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Appeal from Gass District Court. — Hon. N. W. Macy, Judge. Suit in equity by two judgment creditors of M. B. Israel to subject certain personal property in bis possession to tbe payment of tbeir judgments, and for tbe appointment of a receiver. Tbe other defendants, aside from Israel, are mortgagees of tbe property. It is alleged in tbe petition that these mortgages are fraudulent; that Israel is insolvent; and that be retains possession and control of tbe mortgaged property, tbe proceeds of which be is applying to bis own use. Tbe petition further reeites that plaintiffs caused execution to…
1Opinion of the CourtDeemer, C. J.
1 The first point made by appellants is. that appellees have no lien upon the property, and are therefore not entitled to the appointment of a receiver. The proceeding was commenced for the ¡aurpose of canceling the mortgages, and subjecting the property to the payment of appellees’ judgments. Such proceedings seem to be authorized by section 3150 and 3151 of the Code of 1873; and section 3152 of the same Code provides that a lien is created upon the property of a judgment debtor, or his interest therein, in the hands of the defendant or under his control, which is sufficiently described in…
2Cases cited12 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Farnham v. CampbellNew York Court of Chancery · 1844
- Ware v. Delahaye & PurdySupreme Court of Iowa · 1895
- Thomas v. Farley Manufacturing Co.Supreme Court of Iowa · 1888
- Falker v. LinehanSupreme Court of Iowa · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rouse v. RouseSupreme Court of Iowa · 1970
- Young v. StewartSupreme Court of Iowa · 1926
- Frick v. FritzSupreme Court of Iowa · 1904
- McKee v. MurphySupreme Court of Iowa · 1907
- Porter v. WingertSupreme Court of Iowa · 1925
2 more not listed; retrieve them via the Exa API.