Denham v. Sankey
Supreme Court of Iowa
Appeal from Decatur District Court. Petition for an injunction to restrain the defendants from selling, under a chattel mortgage, a steam saw mill situated upon the south-west fourth of the north-east quarter of section eight, township seventy, north, range twenty-seven, west. A temporary injunction was issued, which upon the hearing was made perpetual. Defendants appeal.
1Opinion of the Court
Day,'J.
— I. The injunction is sought upon the ground that the mill is real estate.
i. mortgage : chattel. The facts are substantially as follows: The plaintiff owned the real estate above described, and in 1865, J. W. Phillips erected the steam saw mill in question thereon. In 1867, Phillips sold said mill to the plaintiff and J. P. Lamb. In October, 1868, plaintiff sold his interest in the mill to his co-owner, J. P. Lamb. On the 30th day of March, 1869, J. A. Denham, the plaintiff, leased the real estate herein described, upon which the mill was situated, to J. P. Lamb, who then ownec\ the…
2Cases cited2 opinions
- Vannice v. BergenSupreme Court of Iowa · 1864
- Sowden & Co. v. CraigSupreme Court of Iowa · 1868
3Cited by3 opinions
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
- Schiltz v. FergusonSupreme Court of Iowa · 1930
- T. B. Townsend Brick v. AllenCourt of Appeals of Kansas · 1900