Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 13

Reports of Cases at Law and in Equity; Argued and Determined in the Supreme Court of the State of Iowa Volume 13

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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. 1879 edition. Excerpt: ...confessed a judgment in favor of the defendant, Hans Hauman, for the sum of $1,160, in the District Court of Scott County, upon which judgment an execution had issued, and under which the property claimed now as the property of plaintiff, being a part of the same specified in the mortgage, was levied upon by the defendant Leonard, as sheriff, and sold at public sale, and the proceeds applied to the payment of the confessed judgment. Defendants claim that said property was, at the time of the levy, in the possession of, and owned by the mortgagor, Veiths, and that any title under which the plaintiff claimed was, as against Hauman, a creditor of Veiths, fraudulent and void. To this answer the plaintiff replied, and alleged that the judgment, execution and levy, under which the defendants justify, were void as against plaintiff; that, at the time of he levy, the plaintiff was the owner and in the possession of the goods named in the petition; that the judgment by confession was void, first, for the reason that there was no sworn statement of facts filed, out of which the indebtedness arose, and second, that the said judgment was obtained through fraud and by collusion of Nicholas Veiths, one Asmus Veiths, his brother, and the defendant Hauman; that such confession was made upon a note given by Nicholas to Asrnus, and assigned to'Hauman, and was without con-. sideration, but was given for the purpose of procuring said judgment and levy, for the benefit of said Nicholas.. To this replication there was a rejoinder, and, upon the issues thus made, a trial was had, and, under the instruction of the court, there was a verdict for the plaintiff, and the defendant's appeal. Grant d: Smith for the appellant. I. The taking of the quit-claim more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • English
  • Illustrations, black and white
  • 1236977076
  • 9781236977076