Finch v. Hollinger
Supreme Court of Iowa
Appeal from Hardin Circuit Court. The defendant, as constable, holding an execution in favor of one Caldwell against Chaney, levied the same upon the property in question as the property of said Chaney. The defendant, holding a chattel mortgage upon the property, brought this action to. recover possession thereof.
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Appeal from Hardin Circuit Court. The defendant, as constable, holding an execution in favor of one Caldwell against Chaney, levied the same upon the property in question as the property of said Chaney. The defendant, holding a chattel mortgage upon the property, brought this action to. recover possession thereof. The defendant averred in his answer and proved upon the trial that no notice of plaintiff’s ownership of the property was served upon him, as required by Sec. 3055 of Code. Judgment for defendant. Plaintiff appeals.
1Opinion of the Court
Adams, J.-
In the case of Kaster & Farwell v. Pease, 42 Iowa, 488, it was held that an action to recover possession of specific personal property cannot be maintained against a sheriff who holds the property by virtue of an execution, unless the plaintiff has prior to the commencement of the suit, given the sheriff notice of his ownership, in accordance with the provisions of the Code, Sec. 3055.
The judgment of the Circuit Court must be
Affirmed.
2Cases cited1 opinion
- Kaster v. PeaseSupreme Court of Iowa · 1876
3Cited by5 opinions
- Foule v. MannSupreme Court of Iowa · 1881
- Warder, Mitchell & Co. v. Hoover & Co.Supreme Court of Iowa · 1879
- Peterson v. EspesetSupreme Court of Iowa · 1878
- Doolittle v. HallSupreme Court of Iowa · 1889
- Chicago, Burlington & Quincy Railroad v. PierceSupreme Court of Iowa · 1908