Legal Opinion

Redding v. Page

Supreme Court of Iowa

Decided December 3, 1879PublishedCited by 10 opinions

Appeal from Hardin District Court. Replevin for wheat and other grain. The cause was tried to the court without a jury, and judgment rendered for plaintiff; defendants appeal. The facts of the case appear in the opinion.

1Opinion of the Court

Beck, Ch. J.'

— I. The petition alleges that plaintiff was owner of the property, and that he acquired title thereto by purchase from one Markham. The defendants set up in the answer that they hold the property under an order appointing one of them receiver in a case of foreclosure wherein Markham was defendant. The property was taken and is held by the receiver under this order. The answer claims that the action cannot be maintained because the property is in the custody of the court wherein the foreclosure suit is pending. Certain errors are assigned and presented in argument assailing the…

2Cases cited1 opinion

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868

3Cited by10 opinions

  1. Oswego Starch Factory v. LendrumSupreme Court of Iowa · 1881
  2. Gulliher v. C., R. I. & P. R.Supreme Court of Iowa · 1882
  3. Campfield v. RuttSupreme Court of Iowa · 1931
  4. Shull v. McCrumSupreme Court of Iowa · 1917
  5. Haefer v. MullisonSupreme Court of Iowa · 1894

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