Hove v. McHenry & Allison
Supreme Court of Iowa
Appeal from WinnesMelc Circuit Cov/rt. This is an action of replevin for certain articles of personal property. The petition alleges that plaintiff acquired an interest in said property, by virtue of certain chattel mortgages executed by one Ole Olson Hove; that defendants wrongfully took possession of said property on the 29th day of November, 1878, and refuse to deliver the same to the plaintiff, and that the alleged grounds of detention are that defendants, McHenry &…
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Appeal from WinnesMelc Circuit Cov/rt. This is an action of replevin for certain articles of personal property. The petition alleges that plaintiff acquired an interest in said property, by virtue of certain chattel mortgages executed by one Ole Olson Hove; that defendants wrongfully took possession of said property on the 29th day of November, 1878, and refuse to deliver the same to the plaintiff, and that the alleged grounds of detention are that defendants, McHenry & Allison, obtained judgments, in 1878, against Ole Olson Hove, the mortgagor, and said property was levied upon by virtue of…
1Opinion of the CourtDay, J.
The evidence shows without any conflict that the defendant, Womeldorf, never deprived the execution defendant of the actual possession of the property, and that the defend*229ants did not have the property in their possession at the time of the commencement of this action. The defendant, Womeldorf, simply went to the farm of the execution defendant, and took a list of the property, and took a delivery bond from the execution defendant therefor. He did not take actual possession of the property. And so the jury have found in their special verdict. So far as any act of the defendants was concerned,…
2Cited by3 opinions
- Heffelfinger v. AppletonSupreme Court of Minnesota · 1919
- Woodling v. MitchellSupreme Court of Iowa · 1905
- Jandt v. PotthastSupreme Court of Iowa · 1897