Gardner v. Roach
Supreme Court of Iowa
Appeal from Lyon District Gourt. — Hon. George W. Wakeeield, Judge. Action at law for the conversion of certain property-on which plaintiff claims to hold a chattel mortgage. Defendants pleaded that they purchased the property without notice of plaintiff’s mortgage, and also pleaded an estoppel, and payment of the mortgage indebtedness. There was a trial to a jury resulting in a verdict and judgment for plaintiff. Defendants appeal.
1Opinion of the CourtDeemer, J.
1 S. Dalrymple mortgaged his crop of wheat, oats, barley, corn, flax, millet, and hay grown during the year 1893 to plaintiff to' secure twoi notes, one for one hundred and fifty dollars, and the other for fifty-nine dollars and forty-seven cents, each payable September 1, 1893. This mortgage was duly acknowledged and filed for record, - and no question arises regarding the sufficiency of description, or the fact that the records imparted notice. The grain was raised on a farm belonging to one McDermott. In September of the year 1893, and after the maturity of the notes, defendants purchased…
2Cases cited3 opinions
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- Wright v. E. M. Dickey Co.Supreme Court of Iowa · 1891
- Blake v. CounselmanSupreme Court of Iowa · 1895
3Cited by3 opinions
- Knapp v. BaldwinSupreme Court of Iowa · 1931
- King v. KnudsonSupreme Court of Iowa · 1930
- Bogstad v. AndersonSupreme Court of Minnesota · 1919