Ivins v. Hines
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The plaintiff filed in the Pottawattamie District Court his petition, claiming of George Doughty, sheriff, the immediate possession of thirty-seven head of cattle, amongst which were three cows, each branded with. “Ivins” on horn, and letter “J” on hip, and alleging that defendant holds the same in virtue of the levy of an execution thereon as the property of one 'William M. McMahon.
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Appeal from Pottawattamie District Court. The plaintiff filed in the Pottawattamie District Court his petition, claiming of George Doughty, sheriff, the immediate possession of thirty-seven head of cattle, amongst which were three cows, each branded with. “Ivins” on horn, and letter “J” on hip, and alleging that defendant holds the same in virtue of the levy of an execution thereon as the property of one 'William M. McMahon. T. J. Hines filed in said cause a petition of intervention, claiming to be the absolute owner of the stock, in virtue of the assignment to him of a chattel mortgage…
1Opinion of the CourtDay, J.
The evidence establishes, without any conflict, the following facts: In 1872 and 1873 the plaintiff purchased thirty-six head of young cattle, and gave them to William McMahon to keep. Plaintiff was to have the sole ownership and control of the cattle, and was to dispose of them when he saw proper, and McMahon was to have one-half the net profits for feeding and caring for the cattle,' the intention being to grow and fatten them for market. The cattle were all branded “J” on hip, and “Ivins” on horn. In July, 1875, plaintiff learned that McMahon had been disposing of some of his cattle, and…
2Cases cited1 opinion
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
3Cited by8 opinions
- Lee County Savings Bank v. Snodgrass Bros.Supreme Court of Iowa · 1918
- Wells v. WilcoxSupreme Court of Iowa · 1886
- King v. HowellSupreme Court of Iowa · 1895
- Packers National Bank v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1901
- Summer Thomas v. LawlerSupreme Court of Iowa · 1928
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