Young v. Evans
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. H. M. Remley, Judge. Replevin to recover possession of personal property, consisting of household goods, levied on by defendant, as sheriff, under an execution against plaintiff. J. 0. Young intervenes, claiming right to possession as owner of the property by virtue of a purchase from plaintiff antedating the levy. Jury waived. Judgment for defendant against plaintiff and the surety on the replevin bond. Plaintiff and intervener appeal.
1Opinion of the CourtMcClain, J.
The goods in controversy were levied on by defendant at Marion, being found stored in two rooms in the house of one Mrs. Phelps. There was evidence which would justify the finding by the trial judge that the goods belonged to the plaintiff, Mrs. J. M. Young; that she shipped them from Minneapolis, where she resided, to Marion, where she caused them to be placed by her agent in rooms rented from Mrs. Phelps, the goods being still unpacked and marked with plaintiff’s name; that thereafter she sold the goods to her son, J. 0. Young, the intervener in this action, for a valuable consideration,…
2Cases cited6 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Bacon & Co. v. ThompsonSupreme Court of Iowa · 1882
- Campbell v. HamiltonSupreme Court of Iowa · 1884
- Frankel Frank & Co. v. August Levi & Co.Supreme Court of Iowa · 1900
- Case & Co. v. BurrowsSupreme Court of Iowa · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilson v. KelsoSupreme Court of Iowa · 1958