State v. Julien
Supreme Court of Iowa
Appeal from Plymouth District Court. The indictment charges that the defendant, being the mortgagor of certain personal property, and the said mortgage being unpaid, did, at the county of Plymouth, wilfully and feloneously conceal, sell and dispose of said property without the consent of the mortgagee. The defendant, having been found guilty and sentenced, as provided by law, appeals.
1Opinion of the CourtSeevers, J.
1. criminal mortgaged property. It is provided by statute: “If any mortgagor of personal property, while his mortgage of it remains unsatisfied, wilfully destroy, conceal, sell, or in any manner dispose of the property covered by such mortgage .without the consent of the then holder of such mortgage, he shall be deemed guilty of larceny, and b& punished accordingly.- Code, § 3895.
*446Under this statute and indictment the defendant must have wilfully concealed, sold, or in some manner disposed of the property in Plymouth county, without the consent of the mortgagee, before he could be convicted.
The…
2Cases cited1 opinion
- State v. LovellSupreme Court of Iowa · 1867
3Cited by6 opinions
- State v. HillSupreme Court of Iowa · 1953
- State v. TaylorSupreme Court of Kansas · 1913
- State v. WalkerSupreme Court of Iowa · 1974
- Cheshier v. StateCourt of Criminal Appeals of Oklahoma · 1956
- Simpson v. General Exchange Ins. Corp.Supreme Court of South Carolina · 1930
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