McClellan v. Marshall
Supreme Court of Iowa
Appeal from. Polk District Court A petition in equity, founded upon the following alleged state of facts: That in the year 1862 plaintiff was the owner of a brown mare of the value of $125, which strayed away in the month of August of that year, and was taken up in Warren county by the defendant, Marshall, who neglected to comply with any of the provisions of the estray law.
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Appeal from. Polk District Court A petition in equity, founded upon the following alleged state of facts: That in the year 1862 plaintiff was the owner of a brown mare of the value of $125, which strayed away in the month of August of that year, and was taken up in Warren county by the defendant, Marshall, who neglected to comply with any of the provisions of the estray law. In the month of December, 1864, thereafter, he found said mare (with a colt, which she in the meantime had foaled) in the possession of defendant. That upon his refusal to surrender and deliver up to the plaintiff the…
1Opinion of the Court
Lowe, Ch. J.
i. injoncreplevin, It is’objected first, under the demurrer, that a case for equitable interference is not made by the petition; that although the proceedings in the replevin suit may be voidable for error, still, they are not void, and may not be enjoined in equity in the absence of any alleged fraud, mistake, accident or surprise. It is true, that none of these things are made the ground of the petition, nor yet, on the other hand, is it the purpose of the bill to restrain the proceedings in that suit, so much for matters occurring before and at the rendition of the judgment…
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