Legal Opinion

Headington v. Langland

Supreme Court of Iowa

Decided December 8, 1884PublishedCited by 14 opinions

Appeal from WinneshieJe Circuit Court. Action for tbe recovery of specific personal property. Plaintiff claims tbe property under a chattel mortgage, executed by lier liusband, to secure an alleged indebtedness due from bim to her. The property was seized on execution, issued on a judgment against the mortgagor, and in favor of defendants, C. IT. and L. J. McCormick. The defendant, Langland, is sheriff of tbe county.

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Appeal from WinneshieJe Circuit Court. Action for tbe recovery of specific personal property. Plaintiff claims tbe property under a chattel mortgage, executed by lier liusband, to secure an alleged indebtedness due from bim to her. The property was seized on execution, issued on a judgment against the mortgagor, and in favor of defendants, C. IT. and L. J. McCormick. The defendant, Langland, is sheriff of tbe county. It is alleged in tbe answer that tbe levy on tbe property was made by one Sanford, a deputy sheriff, and not by Langland, the sheriff. But the notice of ownership of tbe property…

1Opinion of the CourtReed, J.

i. execunponandposproperty by ^ npon^uom®’ notice o£ claim by third person to be served. I. It was admitted on the trial that the property was levied upon by Sanford, a deputy sheriff, on an execution issued on a judgment in favor of C. IT. an(l L- J. McCormick against plaintiff’s husband, and that said deputy afterwards sold the property under said levy, and that lie had it in his pos- ... 1 session during ail the time between the levy and ° J sale; and that plaintiff served a written notice of her ownership of the property on the sheriff, while the deputy had it in possession, but gave no…

2Cases cited1 opinion

  1. Brayton v. TownSupreme Court of Iowa · 1861

3Cited by14 opinions

  1. Richards v. Schreiber, Conchar & Westphal Co.Supreme Court of Iowa · 1896
  2. Hatheway v. HansonSupreme Court of Iowa · 1941
  3. Steinfort v. LanghoutSupreme Court of Iowa · 1915
  4. Sanxey v. Iowa City Glass Co.Supreme Court of Iowa · 1886
  5. Drake v. KeelingSupreme Court of Iowa · 1941

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