Legal Opinion

Melhop, Son & Co. v. Meinhart

Supreme Court of Iowa

Decided June 19, 1886PublishedCited by 9 opinions

Appeal from Jones District Gourt. PlaiNtiees instituted suit on a money demand against defendant, A. L. Meinhart. Their petition contained allegations entitling them to an attachment, and the writ was accordingly issued.

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Appeal from Jones District Gourt. PlaiNtiees instituted suit on a money demand against defendant, A. L. Meinhart. Their petition contained allegations entitling them to an attachment, and the writ was accordingly issued. Immediately after the writ came into the hands of the sheriff he entered in the incumbrance book the statement that he had attached the leasehold interest of the defendant in certain described lands, together with the buildings and improvements situated thereon. He also indorsed on the writ his certificate to the same effect. The intervenor, Carso Crane, afterwards filed a…

1Opinion of the CourtNeed, J.

The deed of assignment under which intérvenor claims was executed after the sheriff had entered the state-i. attach-cnfchattefta-possession1111' necessary. ment in the incumbrance book, and indorsed his certificate on the attachment. He had done everything essential to a levy of the writ on real estat6j b>ufc, as he had not taken possession of the property, what he had done was not sufficient to constitute a levy, if the interest of the defendant in the property was a mere chattel interest; and the claim of the intervenor is that that was the character of his interest in it. The property…

2Cases cited1 opinion

  1. Walton v. WraySupreme Court of Iowa · 1880

3Cited by9 opinions

  1. Baker v. KenneySupreme Court of Iowa · 1910
  2. Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
  3. Hubbard v. BuddemeierIllinois Supreme Court · 1927
  4. Oskaloosa Water Co. v. Board of EqualizationSupreme Court of Iowa · 1892
  5. Snouffer v. City of TiptonSupreme Court of Iowa · 1913

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