Hartley State Bank v. McCorkell
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. A. Van Wagenen, Judge. June 21, 1890, plaintiff commenced this action to recover possession,' as absolute owner thereof, of a certain stallion known as “Chere,’’ purchased by defendant October 21, 1887, from L. M. Hartley, of the alleged value of five hundred dollars.
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Appeal from Woodbury District Court. — Hon. A. Van Wagenen, Judge. June 21, 1890, plaintiff commenced this action to recover possession,' as absolute owner thereof, of a certain stallion known as “Chere,’’ purchased by defendant October 21, 1887, from L. M. Hartley, of the alleged value of five hundred dollars. Plaintiff alleges that its ownership and right to the possession of said horse was acquired by the purchase of a mortgage on said horse, given by defendant to L. M'. Hartley, together with the notes secured thereby. Defendant answered, admitting the execution of the notes and mortgage,…
1Opinion of the CourtG-iven, J.
I. In the fall of 1887, L. M. Hartley, ■through C. E. Hartley, sold the horse Chere to defendant, and, in payment, took his three notes for six hundred dollars each, dated October 21, 1887, payable June 1, 1889, 1890, and 1891, respectively, secured by a mortgage on said horse. On August 6, 1888, defendant, at the instance of C. E. Hartley, gave to L. M. Hartley a mortgage on certain real estate to secure said three notes and one other note for two hundred and’seventy-four dollars. At the same time, C. E. Hartley gave 'defendant a writing as follows, identified as exhibit 1:
“August 6, 1888.
“Ba…
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