Mazouck v. Iowa Northern R. R.
Supreme Court of Iowa
Appeal from linn Circuit Court. Action of replevin, originally brought before a justice of the peace, to recover the .possession of a pile of 150 fence posts, one stack of hay, and the corn standing on eight acres of land on the premises where the plaintiff and her husband reside, which had been levied upon under an execution in favor of defendant againt John Mazouck, the' husband. . The plaintiff claims to be the owner of the property replevied.
Read the full summary
Appeal from linn Circuit Court. Action of replevin, originally brought before a justice of the peace, to recover the .possession of a pile of 150 fence posts, one stack of hay, and the corn standing on eight acres of land on the premises where the plaintiff and her husband reside, which had been levied upon under an execution in favor of defendant againt John Mazouck, the' husband. . The plaintiff claims to be the owner of the property replevied. The defendant answered denying plaintiff’s ownership, and alleged that the property, when levied upon, was in the possession or under the control of…
1Opinion of the CourtMiller, J.
— The facts of the case as established by the evidence are: that John Mazouck, in February, 1868, subscribed for one share in the capital stock of the defendant’s road, being $100; that the plaintiff and her husband and daughter were together at home at the time the subscription was made; that at that time the legal title to the farm on which they lived was in John — the husband — and so remained, so far as the records were concerned, until three days after the judgment was rendered, upon which the replevied property was taken on execution; that the husband listed the personal property on the…
2Cases cited1 opinion
- Smith v. HewettSupreme Court of Iowa · 1862
3Cited by2 opinions
- Equitable Life Ins. v. SlyeSupreme Court of Iowa · 1877
- Miller & Co. v. SteeleSupreme Court of Iowa · 1874