Snyder v. Tibbals
Supreme Court of Iowa
Appeal from Poweshieh Circuit Court. Action of replevin to recover the possession of certain growing corn, and two stacks of oats and five of wheat. The property had been seized upon execution against one S. D. Cone by the sheriff, and the action was originally brought against that officer; the creditor, Tibbals, was substituted as defendant. Plaintiff claims the title of the property under a sale by Cone to him. Verdict and judgment for defendant. Plaintiff appeals.
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Appeal from Poweshieh Circuit Court. Action of replevin to recover the possession of certain growing corn, and two stacks of oats and five of wheat. The property had been seized upon execution against one S. D. Cone by the sheriff, and the action was originally brought against that officer; the creditor, Tibbals, was substituted as defendant. Plaintiff claims the title of the property under a sale by Cone to him. Verdict and judgment for defendant. Plaintiff appeals. The facts of the case appear in the opinion.
1Opinion of the CourtPeck, J.
The plaintiff claims title to the property under the following instrument, which was duly acknowledged and recorded.
“ Article of agreement made and entered into, by and between S. D. Cone, party of the first part, and M. Snyder, party of the second part, witnesseth; that the party of the first part for and in consideration hereinafter mentioned, agrees and does by these presents grant, bargain, sell and convey unto M. Snyder all the crops by him to be raised on the south £ of the north-west \ of section 35, township 81, range 13, Iowa, during the year 1870. And the said party, of the second…
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