Stewart & Brown v. Smith
Supreme Court of Iowa
Apjyeal from Benton Circuit Court. In November, 1881, Gf. F. Moulton was engaged in the business of buying and shipping grain. He owned a grain elevator, office and scales, at Mt. Auburn, in Benton county, which were situated on land belonging to the B., O. R. & N. Railroad Company. He also owned at the same place three cribs of corn. He carried on a branch of his business at Garrison, in Benton county, where he had one crib of corn.
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Apjyeal from Benton Circuit Court. In November, 1881, Gf. F. Moulton was engaged in the business of buying and shipping grain. He owned a grain elevator, office and scales, at Mt. Auburn, in Benton county, which were situated on land belonging to the B., O. R. & N. Railroad Company. He also owned at the same place three cribs of corn. He carried on a branch of his business at Garrison, in Benton county, where he had one crib of corn. His residence and post-office address was at La Porte, in Black Hawk county. The plaintiffs, Stewart & Brown, were doing business in Chicago, and Moulton…
1Opinion of the CourtRothrook, J.
I. There is no controversy as to the validity of the indebtedness of Moulton to the plaintiffs nor to the attaching creditors. The only question is as to which of the contending parties are entitled, by priority of right, to the property. This involves a number of questions which we will proceed to determine in the order in which they seem naturally to arise.
It will be observed that the mortgages were filed for record *277before the attachments were levied. And here we may say, that, if the mortgages were filed in the recorder’s office of the proper county, there can be no question but that this…
2Cited by9 opinions
- Lyons v. HamiltonSupreme Court of Iowa · 1886
- King v. Wallace Bros.Supreme Court of Iowa · 1889
- Haller v. ParrottSupreme Court of Iowa · 1891
- Dysart Savings Bank v. WeinsteinSupreme Court of Iowa · 1911
- Raybourn v. CregerSupreme Court of Iowa · 1927
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