Adams v. Beadle & Slee
Supreme Court of Iowa
Appeal from Howard Circuit Court. On tbe 22d day of May, 1876, one D. W. Owen made a chattel mortgage to the plaintiff upon property described as follows: “All the nursery stock now growing, or situated, or which may bo hereafter planted or situated upon the following described premises.”
Read the full summary
Appeal from Howard Circuit Court. On tbe 22d day of May, 1876, one D. W. Owen made a chattel mortgage to the plaintiff upon property described as follows: “All the nursery stock now growing, or situated, or which may bo hereafter planted or situated upon the following described premises.” (Here follows a particular description of the land upon which the nursery was situated.) On the 30th day of May, 1877, plaintiff commenced this action against said Owen, to foreclose said chattel mortgage. Beadle & Slee intervened in the action, and in their petition alleged that in the year 1870 Owen…
1Opinion of the Court
Roturock, ,T.
1. mortgage. The single question presented is whether the nursery stock iri controversy passed to the plaintiff by chattel the mortgage, or to the appellants under their real estate mortgage foreclosure and sale.
It will be observed that appellants purchased the premises at the sale in satisfaction of their mortgage, and the land exclusive of the nursery stock is of greatly less value than the claim of appellants. Under these circumstances, if plaintiff should be permitted to remove the nursery stock appellants would be without remedy as against Owen. They are bound by their…
2Cases cited2 opinions
- Snedeker v. . WarringNew York Court of Appeals · 1854
- Price v. BraytonSupreme Court of Iowa · 1865
3Cited by8 opinions
- Clark v. StrohbeenSupreme Court of Iowa · 1921
- Summerlin v. Orange Shores, Inc.Supreme Court of Florida · 1929
- Batterman v. . AlbrightNew York Court of Appeals · 1890
- Goldstein v. MundonSupreme Court of Iowa · 1926
- Paine v. Assessors of WestonMassachusetts Supreme Judicial Court · 1937
3 more not listed; retrieve them via the Exa API.