74 Iowa 506 | Iowa | 1888
On the eighteenth day of November, 1885, the copartnership of P. C. & W. D. Kirkland was engaged in business in the city of Council Bluffs, and owned the stock of goods in controversy. P. C. Kirkland, a member of the firm, was at that time indebted to plaintiff. On the day named, the plaintiff telegraphed from Kansas tó a law firm in Council Bluffs: “Attach or secure my claim against P. C. Kirkland.” Members of the firm, which received the dispatch on the day it was sent, procured from P. C. & W. D. Kirkland a bill of sale covering their stock in trade, which included the property in controversy. The bill of sale was in favor of plaintiff, was executed by W. D. Kirkland in the name of,the firm, and was recorded on the day of its date. After it was recorded, the defendant, as sheriff, levied upon the property in question, and subsequently sold it, and applied the proceeds to the payment of a judgment against W. D. Kirkland. Plaintiff seeks to recover by virtue of the bill of sale.
Objection is made to other evidence; but the evidence was not prejudicial, in view of the facts and law of the case, and need not be considered at length.
AEEIKMED.