Davis v. Gambert
Supreme Court of Iowa
Appeal from Linn Circuit Court. Action in replevin. A demurrer to the petition was sustained and judgment was rendered for defendant. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges that plaintiff is the absolute owner of certain personal property which is wrongfully detained by defendant, who being a sheriff, seized and holds it upon a writ of replevin, issued in an action brought by one Daniels against Wilson; that when seized by defendant the property was in the possession of plaintiff, who before had acquired the title thereto, and the possession was neither directly nor indirectly derived from Wilson. It is alleged that the property was not taken by defendant on the order or judgment of a court against the plaintiff nor under an attachment or…
2Cited by7 opinions
- Mohr v. LanganSupreme Court of Missouri · 1901
- Welter v. JacobsonNorth Dakota Supreme Court · 1897
- Massachusetts Bonding & Insurance Co. v. NovotnySupreme Court of Iowa · 1925
- Bowdle v. JencksSouth Dakota Supreme Court · 1904
- Vickery v. CrawfordTexas Supreme Court · 1900
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