McDonald & Co. v. Bennett
Supreme Court of Iowa
Appeal from, Pottawttamie Circuit Court. This is an action of replevin for one span of bay horses and other property, the possession of which plaintiff claims under a chattel mortgage executed.to him by one Frank Robinson.
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Appeal from, Pottawttamie Circuit Court. This is an action of replevin for one span of bay horses and other property, the possession of which plaintiff claims under a chattel mortgage executed.to him by one Frank Robinson. The defendant denies plaintiff’s right to the possession of the property, and alleges that from the 20th day of June to the 17th day of November, 1875, he kept, cared for and fed said property under a contract with the owner thereof, Frank Robinson; that his charges have not been paid, and he has a lien thereon until his charges are paid. The cause was tried. by tbe court…
1Opinion of the Court
Day, J. — The
court found the facts to be substantially as follows: On the 5th day of September, 1874, Frank Robinson, the owner of the property in controversy, executed a chattel mortgage thereon to plaintiff, which was recorded on the 10th day of September, 1874. The. mortgaged property was permitted to remain in the possession of the mortgagor. On the 20th day of June, 1875, Robinson employed the defendant, who is a livery stable keeper, to feed and care for the property in controversy, and delivered it to the defendant, who kept the same until it was- taken from him on the writ of…
2Cases cited2 opinions
- Fox v. McGregorNew York Supreme Court · 1851
- Hickman v. ThomasSupreme Court of Alabama · 1849
3Cited by2 opinions
- Munson v. PorterSupreme Court of Iowa · 1884
- A. G. Graben Motor Co. v. Brown Garage Co.Supreme Court of Iowa · 1923