Legal Opinion

Kaster v. Pease

Supreme Court of Iowa

Decided March 24, 1876PublishedCited by 10 opinions

Appeal from Lee District Court. This action is brought to recover possession of specific personal property. The usual averments are made in the petition. The alleged cause of the detention of the property is that the defendant seized and took possession thereof under and by virtue of an execution issued by the clerk o*f the Circuit Court of Lee county on a judgment rendered in said court, which is alleged to be absolutely void.

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Appeal from Lee District Court. This action is brought to recover possession of specific personal property. The usual averments are made in the petition. The alleged cause of the detention of the property is that the defendant seized and took possession thereof under and by virtue of an execution issued by the clerk o*f the Circuit Court of Lee county on a judgment rendered in said court, which is alleged to be absolutely void. There was a demurrer to the petition, which was sustained, and the plaintiffs appeal. Where the courts of a State and of the United States have concurrent jurisdiction…

1Opinion of the Court

Seevbbs, Oh. J.

1. EXECUTION claim by third person: written notice. I. One ground of demurrer is that it is not averred plaintiffs notified defendant in writing of their cla’m the property named in the petition at any time before bringing the action. This part of the demurrer is based on Sec. 3055 of the Code, which is as follows: “An officer is bound to levy an execution on any personal property in the possession of, or that he has reason to believe belongs to, the defendant, or on which the plaintiff directs him to levy, unless he has received notice in writing from some other person, his…

2Cited by10 opinions

  1. Donnelly v. MitchellSupreme Court of Iowa · 1903
  2. Allen v. WheelerSupreme Court of Iowa · 1880
  3. Foule v. MannSupreme Court of Iowa · 1881
  4. Finch v. HollingerSupreme Court of Iowa · 1876
  5. Warder, Mitchell & Co. v. Hoover & Co.Supreme Court of Iowa · 1879

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