Burleigh v. Piper
Supreme Court of Iowa
Appeal from Mitchell Circuit Cowrt. Action to replevy certain grain. The plaintiff claims the grain by virtue of a chattel mortgage executed to him on the 30th day of June, and while the grain was growing. The defendant claims the grain by virtue of the levy of an execution against the mortgagor, made by him as sheriff of Mitchell county, on the 10th day of May previous. The grain was raised by the execution debtor upon leased premises.
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Appeal from Mitchell Circuit Cowrt. Action to replevy certain grain. The plaintiff claims the grain by virtue of a chattel mortgage executed to him on the 30th day of June, and while the grain was growing. The defendant claims the grain by virtue of the levy of an execution against the mortgagor, made by him as sheriff of Mitchell county, on the 10th day of May previous. The grain was raised by the execution debtor upon leased premises. No actual possession was taken of the grain by the sheriff until August 30th, when it had been harvested and stacked by the ■debtor and some of it threshed.…
1Opinion of the CourtAdams, J.
1. execution: HeY^TOwlng crops. — The material question in the case arises upon an instruction given by the court in these words : “If the offteer who holds an execution for service and levy on growing crops before they are ripe, or in a suitable condition to be removed, goes on the premises where the crops are situated, and enters the levy on the execution, with an accurate description of the crops levied upon, and gives the execution debtor notice of the levy, it would constitute a good and valid levy on the crops, and a levy so made would be a lien on the crops levied upon from the date of…
2Cases cited4 opinions
- Mentz v. HammanSupreme Court of Pennsylvania · 1840
- Weir v. HaleSupreme Court of Pennsylvania · 1842
- Hickman v. CaldwellSupreme Court of Pennsylvania · 1834
- Howell v. AlkynSupreme Court of Pennsylvania · 1830
3Cited by4 opinions
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
- Polley v. JohnsonSupreme Court of Kansas · 1893
- Borough of Summerhill v. SherbineSuperior Court of Pennsylvania · 1926
- Lloyd v. WoodsWashington Supreme Court · 1931