Ward v. Parker
Supreme Court of Iowa
Appeal from Buena Yista District Court.— Hon. W. B. Quarton, Judge. Action for the conversion, of certain personal property. Defendant is the sheriff of Buena Vista county, who sold the property in' question under an execution issued on a judgment against one Ellis, who originally owned the property. Plaintiff Ward, as cashier, bases his right of recovery upon a chattel mortgage on the property made to him as such cashier by Ellis, the then owner.
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Appeal from Buena Yista District Court.— Hon. W. B. Quarton, Judge. Action for the conversion, of certain personal property. Defendant is the sheriff of Buena Vista county, who sold the property in' question under an execution issued on a judgment against one Ellis, who originally owned the property. Plaintiff Ward, as cashier, bases his right of recovery upon a chattel mortgage on the property made to him as such cashier by Ellis, the then owner. Defendant pleaded that plaintiff’s mortgage was and is fraudulent both in law and in fact, and that plaintiff is estopped from relying thereon. On…
1Opinion of the CourtDeemer, J.
I. The mortgage under which plaintiff claims was executed October 11, 1901, but it was not filed for record until December 1, 1902. It provided that the mortgagor, Ellis, might continue in the possession of the property, which was a stock of merchandise, and sell the same at retail, and there was an oral agreement between the parties that the stock should be kept up. There was no agreement, either oral or written, for the application of the proceeds of sales to the mortgage indebtedness. The plaintiffs in execution, under which writ the- defendant sold the property, had actual notice of…
2Cases cited5 opinions
- Meyer v. EvansSupreme Court of Iowa · 1885
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Assignment of Lemert v. McKibbenSupreme Court of Iowa · 1894
- Assignment of The Bloomfield Woolen Mills v. AllenderSupreme Court of Iowa · 1897
- Everingham v. A. W. Harris & Co.Supreme Court of Iowa · 1896
3Cited by3 opinions
- Atkinson v. McNiderSupreme Court of Iowa · 1905
- Carroll v. AndersonWyoming Supreme Court · 1923
- In Re Di PierroDistrict Court, D. Maine · 1958