Smith & Co. v. McLean
Supreme Court of Iowa
Appeal from Page District Court. Replevin for thirty-one head of work oxen. Plaintiffs claim title, and the right of possession of the property, under a chattel mortgage executed by one R. O. Dunham,,, October 7, 1865, to them, conveying five freight wagons, and twenty-five yoke of cattle, to secure to them an indebtedness of said Dunham of $1,750. The mortgage was executed in the city of Leavenworth, Kansas.
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Appeal from Page District Court. Replevin for thirty-one head of work oxen. Plaintiffs claim title, and the right of possession of the property, under a chattel mortgage executed by one R. O. Dunham,,, October 7, 1865, to them, conveying five freight wagons, and twenty-five yoke of cattle, to secure to them an indebtedness of said Dunham of $1,750. The mortgage was executed in the city of Leavenworth, Kansas. The petition of plaintiffs sets out in full, the laws of the State of Kansas, governing the execution and registration of chattel mortgages. Defendant claims title, and the right of…
1Opinion of the CourtBeck, J.
1. pleabino : written instrument: eyidence. I. Neither the mortgage and notes executed by Dunham to plaintiffs, nor copies thereof, were filed with the petition; the introduction of these papers in evidence at the trial was m, , . objected to tor that reason. Ihe objection was overruled and the papers admitted in evidence. This is assigned for error, and in support thereof section 2920, of the [Revision, is relied upon by the appellants’ attorney. But the objection came too late. It could have been taken on demurrer (section 2876); but, not being so taken, it was deemed waived (§ 2878). It is…
2Cases cited8 opinions
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