Sutton v. Ballou
Supreme Court of Iowa
Appeal from Clarita Circuit Court. This is an action of replevin. The plaintiff claims the property in controversy, twenty-four head of stock cattle, of all sizes, kinds and sexes, and about two years old, in virtue of a purchase of the same from one John O’Hara, on the 10th day of July, 1874. The defendant, O. W. Cowles, claims the property under a chattel-mortgage executed by said John O’Hara, on the 16th day of July, 1874, to secure the payment of a promissory note of the…
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Appeal from Clarita Circuit Court. This is an action of replevin. The plaintiff claims the property in controversy, twenty-four head of stock cattle, of all sizes, kinds and sexes, and about two years old, in virtue of a purchase of the same from one John O’Hara, on the 10th day of July, 1874. The defendant, O. W. Cowles, claims the property under a chattel-mortgage executed by said John O’Hara, on the 16th day of July, 1874, to secure the payment of a promissory note of the same date, executed by O’Hara to Cowles, for the sum of $1,200. The evidence shows that plaintiff purchased the cattle…
1Opinion of the Court
Day, Ch. J.
i. sale oi persoual proper^ ty: change of possession: what is not. I. Appellant insists that the evidence shows a valid sale and delivery of the cattle in controversy, from O’Hara to plaintiff, prior to the date of defend- ,, , . , , , ant’s mortgage, and that the finding of the iurv , , . . , ° . , , to the contrary should have been set aside by the court as against the evidence. Plaintiff made the contract of purchase on the 10th, and paid for the cattle on the 15th of July. The evidence tends to show that before the contract of purchase was made the cattle had been separated…
2Cases cited3 opinions
- Brown v. WadeSupreme Court of Iowa · 1876
- Boothby v. BrownSupreme Court of Iowa · 1874
- Hesser v. WilsonSupreme Court of Iowa · 1872
3Cited by6 opinions
- Dodge v. JonesMontana Supreme Court · 1887
- Martin Bros. & Co. v. LesanSupreme Court of Iowa · 1906
- Campbell v. HamiltonSupreme Court of Iowa · 1884
- Iowa State National Bank v. TaylorSupreme Court of Iowa · 1896
- Wessels v. McCannSupreme Court of Iowa · 1892
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