Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa Volume 44
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...has no property. Morse is insolvent. If Frances O. Morse is permitted to establish her ownership of this property, plaintiff must lose his debt. " The foregoing is the opinion filed upon the first hearing of this case. I am still constrained to believe that it announces a correct conclusion under the facts involved. It will be seen that it bases the decision upon the doctrine of estoppel, to which the majority opinion now makes no allusion, and which it passes "without impugning or in any manner adhering to." I have no fault to find with the general doctrine announced in the majority opinion. That a debtor may by a conveyance absolute of his property, where no lien has attached, prefer a creditor, is an elementary doctrine. But this principle, in my opinion, has no application to the present case. The relation of debtor and creditor did not exist between J. W. Morse and his wife. He was simply her general agent, holding title to her property. The case of Doyle 1. JIcGuirc, 38 Iowa, 410, said in the majority opinion to be decisive of this case, is, in my opinion, not at all applicable. The title to the property in controversy in that case was not in McGuire, but in one Thompson, when Doyle recovered judgment against Mc(1'uire. It does not appear that credit was extended upon the faith of McGuire's ownersliip of the property, nor that, at the time credit was given, it was supposed that McGuire owned the property. No fact is shown to exist to bring the ease within the principle which, in my opinion, this case involves. Referring to the case of White v. Illorgan, 42 Iowa, 113, the majority opinion says that to make that case an authority in this, the plaintifi' should have obtained judgment and a lien on the...
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- 13 Sep 2013
- Illustrations, black and white