Legal Opinion

Wells v. Wilcox

Supreme Court of Iowa

Decided April 23, 1886PublishedCited by 18 opinions

Appeal from Ha/rdim Circuit Court. Action oe replevin. A demurrer to plaintiff’s petition being overruled, and defendant declining to plead further, a judgment was rendered for plaintiff. Defendant appeals.

1Opinion of the CourtBeck, J.

mortgage: descriplion of property; eient. I. The plaintiff, in his petition, claims the possession and title of the property replevied, under a chattel mortgage, and alleges that defendant wrongfully and unlawfully detains the same, claiming to hold ° it by virtue oí the levy of an execution.thereon issued upon a judgment against the mortgagor. The petition sets out, as an exhibit, the chattel mortgage under which plaintiff claims the property. The defendant demurred to the petition on the following grounds: “(1) That the description of the property in the mortgage relied upon by the…

2Cases cited4 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. Yant v. HarveySupreme Court of Iowa · 1880
  3. Eddy, Fenner & Co. v. CaldwellSupreme Court of Minnesota · 1862
  4. Ivins v. HinesSupreme Court of Iowa · 1876

3Cited by18 opinions

  1. Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
  2. Theodore Hamm Brewing Co. v. FlagstadSupreme Court of Iowa · 1918
  3. Producers Livestock Marketing Ass'n v. John Morrell & Co.Supreme Court of Iowa · 1935
  4. Alferitz v. IngallsU.S. Circuit Court for the District of Nevada · 1897
  5. Estes v. SpringerMissouri Court of Appeals · 1891

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