High v. Brown
Supreme Court of Iowa
Appeal from BlaeJc Hawk District Court. Defendant, George Griswold, was the owner of one threshing machine, three horses and a wagon. On the 4th day of August, 1868, he made a chattel mortgage on said property to the defendant, Brayley, to secure $595, with interest at ten per cent per annum. Said mortgage was duly recorded.
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Appeal from BlaeJc Hawk District Court. Defendant, George Griswold, was the owner of one threshing machine, three horses and a wagon. On the 4th day of August, 1868, he made a chattel mortgage on said property to the defendant, Brayley, to secure $595, with interest at ten per cent per annum. Said mortgage was duly recorded. On the 12th day of July, 1869, plaintiff exchanged some pz’operty with Griswold for one of said horses, without any knowledge that the same was mortgaged. After the exchange of the property plaintiff and Griswold had a misundei’standing about their trade, which resulted…
1Opinion of the CourtNotebook, J.
The proper order was made in the court below for a trial upon written evidence. It was so tried. The action, being in equity, is therefore here for trial anew, on the evidence.
i. mobtgage: sale of cMt There is no question made as to the consideration given by defendant, Brayley, for the mortgage. It is conceded in the petition that the mortgage was given to secure advanced by Brayley to Griswold. The plaintiff insists that inasmuch as he purchased the horse without any actual notice of the mortgage, Brayley should be required to exhaust the other mortgaged property before resorting to the…
2Cited by2 opinions
- Jordan v. Hamilton County BankNebraska Supreme Court · 1881
- Iowa Title & Loan Co. v. Clark Bros.Supreme Court of Iowa · 1931