Curtis v. Raymond Bros. & Co.
This text of 29 Iowa 52 (Curtis v. Raymond Bros. & Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Raymond Bros. & Co. were garnished as the mortgagees of certain property of one Webster.
It appears they never had possession of the property, and that it exceeded in value the amount of their claim. It is claimed that because they failed to take possession of the property after garnishment, and account for its proceeds, they are liable.
We do not think the mortgagees were under obligation to take possession of the property for the benefit of an [53]*53attaching creditor of Webster, and they are not liable for such property not in their possession, in the absence of fraud or collusion on their part.
Affirmed.
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29 Iowa 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-raymond-bros-co-iowa-1870.