West v. Fitzgerald
Supreme Court of Iowa
Appeal from Tama District Gourt. ActioN of replevin brought against Fitzgerald, sheriff, to recover tbe possession of two horses which he had seized, and was about to sell, under a chattel mortgage. Lamb and another, tbe mortgagees, intervened. There was a judgment upon a verdict for plaintiff. Defendant and the intervenors appeal.
1Opinion of the CourtBeck, J.
I. This cause was submitted to us for determination with a motion by plaintiff to dismiss tbe appeal. As we have reached the conclusion that the motion ought to be sustained, it becomes necessary to state only the facts disclosed by the record which are involved in the motion and demand consideration in determining it. Feeley and wife executed a mortgage upon certain land to Montgomery, to secure a note executed by Feeley. Subsequently they exe-*307cnted another mortgage to Bracken & G-oodell on the same land, and a chattel mortgage covering the horses in controversy, to secure a promissory note…
2Cases cited2 opinions
- Wilson v. ConklinSupreme Court of Iowa · 1867
- Lamb v. FeeleySupreme Court of Iowa · 1886
3Cited by7 opinions
- Chicago, Rock Island & Pacific Railway Co. v. DeySupreme Court of Iowa · 1888
- Weaver v. StacySupreme Court of Iowa · 1895
- Jack v. ColdSupreme Court of Iowa · 1901
- McGovern v. McGovernSupreme Court of Iowa · 1922
- Meredith v. PetersonSupreme Court of Iowa · 1899
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