Ward v. Walker
Supreme Court of Iowa
Appeal from O'Brien District Court.- — -Hon. George W. Wakeeield, Judge. Action by landlord’s attachment to recover rent due under a written lease. M. A. Walker intervened, claiming a lien superior to that of plaintiff under a chattel mortgage. A jury was waived, and trial had to the court. From a judgment in plaintiff’s favor, W. Walker and intervener appeal.-
1Opinion of the CourtWaterman, J.
The property in question is a set of books containing abstracts of titles, to lands and town lots in O’Brien county. The defendant Warren Walker was the owner of these books on September 8, 1896, and on that day sold them to one Frank F. Mace, and to secure payment of the purchase price he took from Mace a chattel mortgage thereon. This mortgage was given and-dated September 8th. but was not recorded until the seventh day of December following. On November 21, 1896, plaintiff, by written instrument, leased certain premises to the firm of Mace, Garret! *613& Co., of which it is claimed Frank F.…
2Cases cited4 opinions
- Denning v. ButcherSupreme Court of Iowa · 1894
- Merrit v. FisherSupreme Court of Iowa · 1865
- Clark v. HaynesSupreme Court of Iowa · 1881
- Perry v. WaggonerSupreme Court of Iowa · 1886
3Cited by1 opinion
- Bowman v. BesleySupreme Court of Iowa · 1903