Baker v. Hall
Supreme Court of Iowa
Appeal from Woodbury District Court. This was an action of replevin brought against the defendants for detaining a pair of portable French mill burrs, claimed by the plaintiffs as their property; for whom, on trial, a judgment was rendered, and the defendant, Hall, appealed, claiming to be the rightful owner as a bona fide purchaser under his co-defendant, Metcalf.
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Appeal from Woodbury District Court. This was an action of replevin brought against the defendants for detaining a pair of portable French mill burrs, claimed by the plaintiffs as their property; for whom, on trial, a judgment was rendered, and the defendant, Hall, appealed, claiming to be the rightful owner as a bona fide purchaser under his co-defendant, Metcalf. The cause was tried by the Court which made a special finding of the following facts: 1. That the plaintiffs being the owners of the property in question, in the spring of 1860, sold the same, together with a belt and some fixtures…
1Opinion of the CourtLowe, J.
Whether a bona fide, purchaser of personal property from one who held both the title and the possession, under a contract of purchase, upon the express condition that he would perform a specific act, which he failed to do, can hold the same against the first vendor, has been settled by this Court in the case of Bailey v. Harris, 8 Iowa, 331, and reaffirmed again in the case of Robinson v. Chapline, 9 Iowa, 91. These decisions are against the appellant in this case, and upon their authority we must affirm the same.
Affirmed.
2Cases cited2 opinions
- Bailey v. HarrisSupreme Court of Iowa · 1859
- Robinson v. ChaplineSupreme Court of Iowa · 1859
3Cited by8 opinions
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Lacy v. Dubuque Lumber Co.Supreme Court of Iowa · 1876
- City National Bank v. TuftsTexas Supreme Court · 1885
- Heinbockle v. ZugbaumMontana Supreme Court · 1885
- Union Bank & Trust Co. of Stanwood v. WilleySupreme Court of Iowa · 1946
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