Farmers' & Merchants' Bank v. Stockdale
Supreme Court of Iowa
Appeal from, Franklin District Court. — Hon. J. K. Whitaker, Judge. Action to recover the value of certain personal property alleged to have been wrongfully converted by the defendant. Plaintiff claims under three several chattel mortgages; one dated December 27, 1897, executed by vV. D. Moore to D. B. Parks, trustee, and covering “all the corn, hay, oats, and other farm products I now own, and all other corn, oats, and hay I may in the future acquire.”
Read the full summary
Appeal from, Franklin District Court. — Hon. J. K. Whitaker, Judge. Action to recover the value of certain personal property alleged to have been wrongfully converted by the defendant. Plaintiff claims under three several chattel mortgages; one dated December 27, 1897, executed by vV. D. Moore to D. B. Parks, trustee, and covering “all the corn, hay, oats, and other farm products I now own, and all other corn, oats, and hay I may in the future acquire.” The mortgage is in usual form, acknowledged before O. F. Myers, notary public, and recorded January 19, 1898. It is conceded that Parks was a…
1Opinion of the Court
Bishop, O. J.
i. acknowi-coi^strucUve nohce' The contentions of appellant are two: That the mortgages held by it were valid and subsisting liens upon the particular property in question, superior to any lien or claim of defendant, and that the record of such mortgages gave defendant constructive notice of the. existence thereof; that, even if it shall be held that defendant did not have constructive notice by reason of the property description contained in said mortgages, still he had actual notice of the existence of such mortgages, and that plaintiff claimed a lien on the property in…
2Cases cited9 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Wilson v. Traer & Co.Supreme Court of Iowa · 1866
- Muir v. BlakeSupreme Court of Iowa · 1882
- Warner v. WilsonSupreme Court of Iowa · 1887
- City Bank of Boone v. RadtkeSupreme Court of Iowa · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harris v. ReedIdaho Supreme Court · 1912
- Lee County Savings Bank v. Snodgrass Bros.Supreme Court of Iowa · 1918
- Dorman v. Crooks State BankSouth Dakota Supreme Court · 1929
- Watson v. D. A. Paddleford & SonTexas Supreme Court · 1920
- Mutual Benefit Life Insurance v. Canby Investment Co.Supreme Court of Minnesota · 1933
13 more not listed; retrieve them via the Exa API.