McBride v. Doty
Supreme Court of Iowa
Appeal from Keokuk District Court. A suit in replevin to recover the possession of a wagon and a cow. The defendant Doty was not served with notice, nor did he appear and plead to the action. The wagon was replevied from the possession of the defendant Messenger, the cow from Henderson.
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Appeal from Keokuk District Court. A suit in replevin to recover the possession of a wagon and a cow. The defendant Doty was not served with notice, nor did he appear and plead to the action. The wagon was replevied from the possession of the defendant Messenger, the cow from Henderson. They both defend, answering severally, denying plaintiff’s right to the property, and each setting up a separate claim thereto, one to the wagon and the other to the cow.' On the trial á judgment was rendered in their favor, and the plaintiff appeals.
1Opinion of the Court
Lowe, Ch. J.
1. stamps : re- , cora of instmment insuffistamped: sub-At the trial of this cause, the plaintiff, to support his claim and right of possession to the property in question, offered in' evidence a chattel , ,. , , ... , mortgage purporting to be executed and acknowledged by the defendant, ~W. W. Doty, for the consideration of $3,000, to secure the payment of a note of $3,000 due the 1st of November, 1866, to which was affixed a revenue stamp of two dollárs.
This chattel mortgage was dated, acknowledged and recorded all on the 24th day of February, 1866.
The day before this suit was…
2Cited by4 opinions
- Lutton v. BakerSupreme Court of Iowa · 1919
- Farmers Savings Bank v. NeelSupreme Court of Iowa · 1922
- Morris v. McMorrisMississippi Supreme Court · 1870
- Wilson v. ReuterSupreme Court of Iowa · 1870