90 Iowa 47 | Iowa | 1894
This action was commenced on the sixteenth day of May, 1885, to recover of C. P. Boesch & Son the sum of fifteen thousand dollars, and the writ of attachment was levied on the same day. Two days later, the plaintiff, the National State Bank, filed an application for the appointment of a receiver, based on the grounds that, before the levy was made, C. P. Boesch & Son executed, or attempted to execute, a large number of mortgages upon the attached property; that Theo. G-uelich, claiming to represent many, or all of the mortgagees, was claiming the right of possession of the property, and that Schramm & Schmieg had sued out a writ of attachment, and placed it in the hands of the sheriff for service. G-uelich and others were made defendants, and were asked to set forth their respective interests. The application further asked that the receiver take possession of, and dispose of, the attached property to the best advantage of the interested parties. R. M. Raab, was appointed receiver on the day the application was m?,de. In July, 1885, he was authorized to sell the stock of merchandise. On the twenty-fourth day of September he filed a
In October, 1889, Eaab filed a statement in which he alleged that in December, 1885, the plaintiff filed its petition in court for the purpose of settling the conflicting claims of persons" who had commenced actions against Ó. F. Boesch & Son, and who claimed to have any lien on the property; that the persons who had commenced such actions, and who made such claims, including Lee, Tweedy & Company, and the creditors who have joined in their petition, were made parties to the action; that all matters which the creditors now seek to have adjudicated were determined in that action; that the receiver was ordered by the court to pay the rents derived from the real estate in controversy to
The appellants contend that the court was not authorized- to ascertain any fact excepting from the