Peterson v. Espeset
Supreme Court of Iowa
Appeal from Emmet Circuit Court. Replevin for cattle and horses described in the petition. Defendant demurred to the petition; the demurrer was overruled, and defendant standing thereon, judgment was rendered for plaintiff. Defendant appeals. The facts of the case appear in the opinion.
1Opinion of the CourtBeck, J.
1. iu3i-r,Kvrar: notice. ' I. The petition alleges that plaintiff is the owner of the property described, and entitled to the possession thereof. He shows that he acquired title to the property under a sale upon a mortgage, which, before foreclosure, was assigned to him. He further alleges that defendant holds possession of the property as sheriff, hav*263ing levied an execution thereon, which was issued upon a judgment against the mortgagor.. The demurrer was based upon the ground that the petition does not show that plaintiff notified defendant, in writing, of his claim to the property, before…
2Cases cited2 opinions
- Kaster v. PeaseSupreme Court of Iowa · 1876
- Finch v. HollingerSupreme Court of Iowa · 1876
3Cited by3 opinions
- Doolittle v. HallSupreme Court of Iowa · 1889
- Chicago, Burlington & Quincy Railroad v. PierceSupreme Court of Iowa · 1908
- Danforth v. HarlowSupreme Court of Iowa · 1888