Reeves v. Columbia Savings Bank
Supreme Court of Iowa
Appeal from Marion District Court. — Hon. W. H. Fahey, Judge. Action of replevin. The plaintiff claimed the right of possession of the property involved by virtue of a chattel mortgage thereon. The defendant also claimed the right of possession by virtue of another mortgage on the same property and had taken possession of the property under its mortgage previous to plaintiff’s suit. The plaintiff’s mortgage was prior in time.
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Appeal from Marion District Court. — Hon. W. H. Fahey, Judge. Action of replevin. The plaintiff claimed the right of possession of the property involved by virtue of a chattel mortgage thereon. The defendant also claimed the right of possession by virtue of another mortgage on the same property and had taken possession of the property under its mortgage previous to plaintiff’s suit. The plaintiff’s mortgage was prior in time. The defendant claimed to be an innocent mortgagee for value without notice, actual or constructive, of plaintiff’s prior mortgage. The plaintiff’s mortgage was on…
1Opinion of the CourtEvans, J.
Plaintiff’s mortgage was dated February 21, 1912. It purported to have been acknowledged on March 26th, and was entered upon the chattel mortgage records of Marion county on March 29th. The mortgage of defendant was executed on April 20, 1912.
The case was tried to the court without a jury. No dispute of fact is involved. The defendant’s mortgage was given for full considerations and without actual notice of plaintiff’s mortgage. Whether the recording of plaintiff’s mortgage imparted constructive notice to the defendant depends upon the sufficiency of the acknowledgment. Such acknowledgment…
2Cases cited2 opinions
- Willard v. CramerSupreme Court of Iowa · 1872
- Greenwood v. JenswoldSupreme Court of Iowa · 1886
3Cited by8 opinions
- Lee County Savings Bank v. Snodgrass Bros.Supreme Court of Iowa · 1918
- Kline v. MuellerSupreme Court of Oklahoma · 1928
- In re BransonDistrict Court, S.D. Iowa · 1926
- Advance-Rumely Thresher Co. v. WagnerCourt of Appeals for the Eighth Circuit · 1928
- Securities Investment Corp. v. Indiana Truck Corp.Nebraska Supreme Court · 1935
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