Ormsby Bros. v. Nolan
Supreme Court of Iowa
Appeal from Palo Alto District Court. This is an action of replevin, in which the plaintiffs seek to recover certain personal property, tbe possession of which they claim they are entitled to by virtue of a chattel mortgage executed by one "Wickham to one Conger, and assigned by Conger to the plaintiffs.
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Appeal from Palo Alto District Court. This is an action of replevin, in which the plaintiffs seek to recover certain personal property, tbe possession of which they claim they are entitled to by virtue of a chattel mortgage executed by one "Wickham to one Conger, and assigned by Conger to the plaintiffs. The defendants answered by denying tbe plaintiffs’ right to the property, and averring that the defendant Nolan is tbe sheriff, and tbe defendant McNally is the deputy-sheriff, of Palo Alto county, and that tbe defendant McNally levied an execution upon said property as tbe property of…
1Opinion of the CourtPoTnROOK, J.
i. chatted senption. I. The property in controversy was described in the mortgage as follows: “ One open buggy, with fills new, made by Taylor Brothers, Emmetsburg, and bought of them; and one sulky, new, made by Taylor Brothers, Emmetsburg, Iowa.” There was no evidence that the defendants had any actual notice of the mortgage when the property ivas levied upon, *132and the court below held that the description of the property in the mortgage was too indefinite to charge the defendants ' with constructive notice, and that, as between these parties, extrinsic evidence was not admissible to…
2Cases cited2 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Rowley v. BartholemewSupreme Court of Iowa · 1873
3Cited by15 opinions
- Thompson v. JacksonSupreme Court of Iowa · 1895
- Lawrence v. McKenzieSupreme Court of Iowa · 1893
- Plano Manufacturing Co. v. GriffithSupreme Court of Iowa · 1888
- Simon Casady & Co. v. German Savings BankSupreme Court of Iowa · 1913
- Westinghouse Co. v. McGrathSupreme Court of Iowa · 1906
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