Clapp v. Trowbridge
Supreme Court of Iowa
Appeal from Shelby District Court. — Hour. A. B. Thornell, Judge. These are actions for the recovery of specific personal property. Plaintiffs each claim the property under a chattel mortgage executed by J. F. Loomis. Defendant is sheriff, and he levied on the property under two executions against Loomis. The causes were tried together in the district court, and were submitted in this court on the same record.
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Appeal from Shelby District Court. — Hour. A. B. Thornell, Judge. These are actions for the recovery of specific personal property. Plaintiffs each claim the property under a chattel mortgage executed by J. F. Loomis. Defendant is sheriff, and he levied on the property under two executions against Loomis. The causes were tried together in the district court, and were submitted in this court on the same record. Plaintiffs allege in their petition that defendant and the execution creditors had notice of the execution of the mortgages before the levy of the execution. The matters of defense…
1Opinion of the CourtReed, J.
i chattel defective : good aíto2: withaotuai notice. I. As the district court found that Clapp’s mortgage was fraudulent and void as against the creditors, we need not inquire as to its validity in other respects. The description contained in the other mortgage is as.follows: “Nine sixteen-inch Pekin plows, six Newton cultivators, one Farmers’ Friend corn-planter, one Bradley stalk-cutter, eleven Smith farm-wagons, four Ketchum farm-wagons, two fanning-mills, one stirring-plow.” The property involved in the action is ten Smith and Ketchum farm-wagons. That the record of the mortgage would not…
2Cases cited1 opinion
- Cummings v. ToveySupreme Court of Iowa · 1874
3Cited by14 opinions
- Northwestern Bank v. FreemanSupreme Court of the United States · 1898
- Reinstein v. RobertsOregon Supreme Court · 1898
- Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
- Plano Manufacturing Co. v. GriffithSupreme Court of Iowa · 1888
- Frick v. FritzSupreme Court of Iowa · 1902
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