Evans v. St. Paul Harvester Works
Supreme Court of Iowa
Appeal from Howard District Oourt. Action upon an indemnifying bond. The defendant,'the St. Paul Harvester Works, obtainécl judgment against tbe plaintiff, and caused an execution to be issued and placed in the hands of the defendant, Farnsworth, as sheriff of Howard county, and at the same time gave him an indemnifying bond. Farnsworth levied upon a horse, mule and cow, and a lumber wagon.
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Appeal from Howard District Oourt. Action upon an indemnifying bond. The defendant,'the St. Paul Harvester Works, obtainécl judgment against tbe plaintiff, and caused an execution to be issued and placed in the hands of the defendant, Farnsworth, as sheriff of Howard county, and at the same time gave him an indemnifying bond. Farnsworth levied upon a horse, mule and cow, and a lumber wagon. The plaintiff lias brought this action upon the bond, claiming that the property levied upon was exempt from execution. The defendants for answer averred that the plaintiff had started to leave the state,…
1Dissent
Beck, J.,
dissenting. — I. The special findings establish that plaintiff had executed a chattel mortgage upon the property. The right of possession of the property, under our *208statute, passed by tbe mortgage to tbe mortgagee, in the absence of stipulations in the instrument to the contrary. Code, § 1927. This right can only be divested by payment of the debt secured by the chattel mortgage. Bellamy, Bradley & McMakin v. Doud, 11 Iowa, 285; Bean v. Barney, Scott & Co., 10 Iowa, 498; Talbot v. DeForest, 3 G. Greene, 586. It is not shown that the mortgage contained a stipulation securing to the…
2Cases cited4 opinions
- Doane & Co. v. GarretsonSupreme Court of Iowa · 1868
- Gordon v. HardinSupreme Court of Iowa · 1871
- Bean v. Barney, Scott & Co.Supreme Court of Iowa · 1860
- Bradley v. DoudSupreme Court of Iowa · 1860