Legal Opinion

Flannigan v. Althouse, Wheeler & Co.

Supreme Court of Iowa

Decided June 21, 1881PublishedCited by 2 opinions

Appeal from Howard Oirewit Comet. The plaintiff is the holder of a chattel mortgage executed upon certain personal property by one John Murray. The defendants Althouse, Wheeler & Go. are judgment creditors of one Davis & Thomas.

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Appeal from Howard Oirewit Comet. The plaintiff is the holder of a chattel mortgage executed upon certain personal property by one John Murray. The defendants Althouse, Wheeler & Go. are judgment creditors of one Davis & Thomas. As such they caused an execution to- be issued and levied upon tbe mortgaged projmrty, claiming that the same was the property of their judgment debtors Davis & Thomas, and' that if they ever sold it to Murray, the plaintiff’s mortgagor,* the sale was fraudulent and void. The plaintiff served upon the officer who levied the execution notice of his claim, and thereupon…

1Opinion of the Court

Adams, Oh. J.

1. evidence : ertysokion5 execution: appraisement, I. To prove the value of the property-sold the plaintiff offered in evidence the appraisement attached to the sheriff’s execution. The defendants objected to the appraisement as incompetent , . , , and immaterial, but the court overruled the objection, and the appraisement was read in evidence.

In our opinion it was not proper to prove the value of the property in this way. The appraisement, it is true, is provided for by law, but not for such a purpose. ' We think that the value should have been proven by witnesses introduced…

2Cases cited2 opinions

  1. Ryan v. ChewSupreme Court of Iowa · 1862
  2. Le Barron v. TaylorSupreme Court of Iowa · 1880

3Cited by2 opinions

  1. Meyer v. EvansSupreme Court of Iowa · 1885
  2. Walker v. AbbeySupreme Court of Iowa · 1889

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