Mowbray v. Cady
Supreme Court of Iowa
Appeal from Howeshiele Circuit Court. . ON tbe 8th of November, 1873., .plaintiff commenced before O. A. Meredith an action of replevin for a certain Waltham watch of the value of $45.00. On the 10th day of the same month, the parties agreed that Thomas Cady, constable, might be substituted as defendant. On November 15th, 1873, a jury trial .was had in said justice’s court, and verdict was returned, and judgment was entered for plaintiff.
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Appeal from Howeshiele Circuit Court. . ON tbe 8th of November, 1873., .plaintiff commenced before O. A. Meredith an action of replevin for a certain Waltham watch of the value of $45.00. On the 10th day of the same month, the parties agreed that Thomas Cady, constable, might be substituted as defendant. On November 15th, 1873, a jury trial .was had in said justice’s court, and verdict was returned, and judgment was entered for plaintiff. The cause was appealed to the Circuit Court, and on the trial the court made a finding of facts which is as follows: “ 1. That on or about the 10th day of…
1Opinion of the CourtDay, J.
Section 1922-of the Code of 1873 is as follows: “ No sale, contract or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any creditor or purchaser of the vendee or lessee in actual possession obtained in pursuance thereof, without notice, unless the same be in writing, executed by the vendor or lessor, acknowledged and recorded as chattel mortgages.”
The pivotal question is, do the facts of this case bring the transaction within the provisions of this section. If they do, contract : conditional sale. then, as the…
2Cited by9 opinions
- Hall & Brown Wood Working MacHine Co. v. BrownTexas Supreme Court · 1891
- Budlong v. CottrellSupreme Court of Iowa · 1884
- Wright v. Barnard Bros.Supreme Court of Iowa · 1893
- McClelland v. ScrogginNebraska Supreme Court · 1892
- Wesco Supply Co. v. Incorporated Town of AllertonSupreme Court of Iowa · 1912
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