Day v. Griffith
Supreme Court of Iowa
Appeal from Lee District Court. Replevin for a piano, levied upon by the defendant as Sheriff, under an attachment in favor of Stevens against D. A. Day. The cause was referred to three referees, who found and reported the following facts: On the 1st of February, 1857, D. A. Day executed to plaintiff his promissory note for $350, payable in six months.
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Appeal from Lee District Court. Replevin for a piano, levied upon by the defendant as Sheriff, under an attachment in favor of Stevens against D. A. Day. The cause was referred to three referees, who found and reported the following facts: On the 1st of February, 1857, D. A. Day executed to plaintiff his promissory note for $350, payable in six months. November 11, 1858, said D._A^Day executed to plaintiff (J. H. Da.y) a billjff^sale, conveying, with other property, the piano in question, for the purpose of securing $300, with ten per cent (part of said note of $350.) This bill of sale was…
1Opinion of the Court
"Wright, J.
As applicable to the present controversy, the following general principles were recognized in Foley v. Howard, 8 Iowa, 56. f Though a mortgage may be handed to the recorder for registry, by the mortgagor, if the mortgagee should subsequently assent to and adopt the same, such adoption, as between the parties to the instrument, may relate back to the time of its execution. Acceptance by the grantee of a deed, is necessary to a delivery, and when there is no delivery there is no deed. Actual manual delivery is not always necessary, but there must be that *106which, in legal…
2Cases cited11 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Harrison v. Trustees of Phillips AcademyMassachusetts Supreme Judicial Court · 1815
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Belden v. CarterSupreme Court of Connecticut · 1809
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Ely v. . NormanSupreme Court of North Carolina · 1918
- Ferguson v. Blackwell Et Ux.Supreme Court of Oklahoma · 1890
- Gage & Co. v. ParrySupreme Court of Iowa · 1886
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