Supreme Court of Iowa, 1870

Curtis v. Raymond Bros. & Co.

Supreme Court of Iowa · Decided June 15, 1870 · Williams

29 Iowa 52

Cases that cite this one

1 later published case cites this decision.

Lyon v. Council Bluffs Sav. Bank (U.S. Circuit Court for the Southern District of Iowa 1886)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Williams, J.

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 *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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.