Gordon v. Hardin
Supreme Court of Iowa
Appeal from Poweshiek District Court. Replevin for two horses and a set of double harness. The cause was tried by the court without a jury, and the following facts found. February 20, 18Y0, plaintiff, Gordon, purchased the property in controversy and certain other property, and gave therefor his promissory notes with Clark, the intervenor, as security.
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Appeal from Poweshiek District Court. Replevin for two horses and a set of double harness. The cause was tried by the court without a jury, and the following facts found. February 20, 18Y0, plaintiff, Gordon, purchased the property in controversy and certain other property, and gave therefor his promissory notes with Clark, the intervenor, as security. On the 25th of the same month, Gordon, for the purpose of securing Clark, on account of said notes, executed to him a mortgage upon the property in dispute, conditioned to be void upon the payment of the debt for which Clark was security. The…
1Opinion of the Court
Beck, Ch. J.
The defendant claims to hold the property upon an execution issued on a judgment against Gordon, who had owned the chattels and executed a mortgage thereon. Under the mortgage, Clark held the title-and right of possession of the property. His claim as intervenor is based thereon. As against Gordon, his right is clear and cannot be disputed. Did defendant acquire, under the levy, the right to the possession of the chattels ? This court has held that a mortgagor of personal property has no interest thefein which can be levied-upon and sold under execution. Campbell v. Leonard, 11…
2Cases cited1 opinion
- Campbell v. LeonardSupreme Court of Iowa · 1861
3Cited by11 opinions
- Porter v. KnightSupreme Court of Iowa · 1884
- McConnell v. DenhamSupreme Court of Iowa · 1887
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- Hollingsworth v. HolbrookSupreme Court of Iowa · 1890
- Buck-Reiner Co. v. BeattySupreme Court of Iowa · 1891
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