Levitt v. Brendel
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Chas. S. Bradshaw, Judge. Suit against Louis Brendel on promissory note and foreclosure of chattel mortgage securing payment thereof. James C. Brendel answered and by way of cross-petition alleged that he had purchased the property covered by the mortgage prior to the execution of the mortgage and prayed that he be adjudged the owner thereof. The petition was dismissed and the property awarded to James C. Brendel. The plaintiff appeals.
1Opinion of the CourtLadd, J.
On December 29, 1910, Louis Brendel borrowed $330 of the plaintiff, giving his promissory note therefor, and to secure same executed a chattel mortgage covering six mares and two cows. Foreclosure of this mortgage is the purpose of this suit. James C. Brendel, son of Louis, by cross-petition alleged that prior thereto and about December 15, 1910, he had purchásed the interest of Louis in said stock and *69prayed that lie be adjudged owner thereof. The plaintiff in reply averred that the sale by Louis to James, if any, was fraudulent, that James was estopped from setting up any claim to the…
2Cases cited3 opinions
- Foster v. PaineSupreme Court of Iowa · 1884
- Suiter v. TurnerSupreme Court of Iowa · 1860
- Lester v. BowmanSupreme Court of Iowa · 1874
3Cited by2 opinions
- Swanson Automobile Co. v. StoneSupreme Court of Iowa · 1919
- Lutton v. StengSupreme Court of Iowa · 1929