Frantz v. Hanford
Supreme Court of Iowa
Appeal from Woodbv/ry District Court. — Hon. C. H. Lewis, Judge. Action in equity to enjoin tbe defendants from foreclosing a certain chattel mortgage as to certain of tbe property described therein, claimed by the plaintiff as exempt, and for an accounting as to the amount due on the mortgage, for judgment for one hundred and sixty-four dollars, with interest, to be credited on the mortgage, and for leave to redeem the property claimed as exempt by paying the balancé, if…
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Appeal from Woodbv/ry District Court. — Hon. C. H. Lewis, Judge. Action in equity to enjoin tbe defendants from foreclosing a certain chattel mortgage as to certain of tbe property described therein, claimed by the plaintiff as exempt, and for an accounting as to the amount due on the mortgage, for judgment for one hundred and sixty-four dollars, with interest, to be credited on the mortgage, and for leave to redeem the property claimed as exempt by paying the balancé, if any, found due on the mortgage. Answer and cross petition, asking judgment against the mortgagor, and that the plaintiff’s…
1Opinion of the CourtGiven, J.
— This case is submitted upon an agreed statement of facts, in substance as follows: On and prior to September 10, 1889, J. A. Frantz, husband of the plaintiff, owned certain horses, harness, wagons, and drays, with which he was carrying on the draying business in Sioux City as a means of livelihood. Previous to that date he executed to Jackson, Ross & Co. a chattel mortgage on part of said property, and later a second mortgage to C. W. Jackson, covering the same and other property, including that claimed by the plaintiff. He was also indebted to the defendant Hanford and to one Bigelow. On…
2Cases cited1 opinion
- Tallant v. Burlington Gas-light Co.Supreme Court of Iowa · 1873
3Cited by9 opinions
- Dorr Cattle Co. v. Des Moines National BankSupreme Court of Iowa · 1905
- Carraher v. AllenSupreme Court of Iowa · 1900
- Storz v. FinklesteinNebraska Supreme Court · 1896
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Peters v. Snavely-AshtonSupreme Court of Iowa · 1909
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