Legal Opinion

Packers National Bank v. Chicago, Milwaukee & St. Paul Railroad

Supreme Court of Iowa

Decided October 12, 1901PublishedCited by 7 opinions

Appeal from Woodbury District Court. — Hon. F. R. Gay-nor, Judge. Action to recover the possession of 43 head of cattle under a chattel mortgage executed by one Jake Francisco. The case was tried to a jury, resulting in a verdict for the plaintiff, which the court set aside. Plaintiff appeals.—

1Opinion of the CourtDeembr, J.

1 2 Jake Francisco made a chattel mortgage to one L. Rockwell on “one hundred head one-year-old steers of various color, and branded U thus on left side.” “All of said stock * * * are owned by party of the first part, * * * and in the undisputed possession of the said first party on the premises of the said party on Sec. 7, Twp. 27, range 7, in Dakota county, Nebraska, * * * -having been purchased by the party of the first part from L. Rockwell.” The notes which the mortgage was made to secure were transferred before maturity to the plaintiff. After the making of the mortgage, Francisco…

2Cases cited7 opinions

  1. Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
  2. Peterson v. FollSupreme Court of Iowa · 1885
  3. Kern v. WilsonSupreme Court of Iowa · 1887
  4. Adams v. Commercial National BankSupreme Court of Iowa · 1880
  5. Ivins v. HinesSupreme Court of Iowa · 1876

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3Cited by7 opinions

  1. Livingston v. StevensSupreme Court of Iowa · 1903
  2. Tsuruda v. FarmHawaii Supreme Court · 1907
  3. Wertheimer Degen v. ShulticeSupreme Court of Iowa · 1926
  4. Church v. BrownSupreme Court of Iowa · 1923
  5. Wertheimer & Degen v. ParsonsSupreme Court of Iowa · 1930

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