Benson & Co. v. Lundy
Supreme Court of Iowa
Appeal'from Hardin Ci/rouit Court. Action in attachment against the, defendant O. A. Lundy.. The intervenors, C. Hardin & Sons, claim the attached property by virtue of a chattel mortgage executed to them by one L. J. Lundy. The property was formerly owned by defendant C. A. Lundy. Prior to the attachment it was sold by him to L. J. Lundy, and by the latter mortgaged to C. Ilardin & Sons, and the mortgage thus executed constitutes the basis of their claim in this case.
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Appeal'from Hardin Ci/rouit Court. Action in attachment against the, defendant O. A. Lundy.. The intervenors, C. Hardin & Sons, claim the attached property by virtue of a chattel mortgage executed to them by one L. J. Lundy. The property was formerly owned by defendant C. A. Lundy. Prior to the attachment it was sold by him to L. J. Lundy, and by the latter mortgaged to C. Ilardin & Sons, and the mortgage thus executed constitutes the basis of their claim in this case. The plaintiffs claim that the sale by C. A. to L. J. Lundy, and the mortgage by the latter to 0. Hardin & Sons, were…
1Opinion of the CourtAdams, J.
i. jevidenck: declarations of vendor. I. The plaintiffs offered in evidence a letter written by C. A. Lundy to one Popejoy from State Center, July 1, 1878, which the court refused to admit, and the efusal is assigned as error. They claim that the letter contains declarations tending to show that the title to the property in question was still in C. A. Lundy, and that the mortgage to the intervenors was, therefore, fraudulent and void.
It is very doubtful whether the letter, if admitted, would have any tendency to show what it is claimed that it would. But the letter, we think, was properly…
2Cases cited6 opinions
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Taylor v. LuskSupreme Court of Iowa · 1859
- Mims v. SturdevantSupreme Court of Alabama · 1853
- Gill v. StrozierSupreme Court of Georgia · 1861
- Miller v. GardnerSupreme Court of Iowa · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lacy v. County of KossuthSupreme Court of Iowa · 1898
- Hutton v. DoxseeSupreme Court of Iowa · 1902
- Thomas v. McDonaldSupreme Court of Iowa · 1897
- Osborn v. RatliffSupreme Court of Iowa · 1880