Legal Opinion

Taylor v. Gilbert

Supreme Court of Iowa

Decided December 14, 1894PublishedCited by 3 opinions

Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action to foreclose a chattel mortgage executed by the defendant Yeomans to the plaintiff Taylor, and to establish a landlord’s lien on certain chattels in favor of plaintiffs under a lease from Taylor to Yeomans. Defendant Gilbert answered, setting up a prior recorded chattel mortgage on part of the property, and claiming priority thereunder over plaintiff’s mortgage and landlord’s lien.

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Appeal from Polk District Court. — Hon. W. F. Conrad, Judge. Action to foreclose a chattel mortgage executed by the defendant Yeomans to the plaintiff Taylor, and to establish a landlord’s lien on certain chattels in favor of plaintiffs under a lease from Taylor to Yeomans. Defendant Gilbert answered, setting up a prior recorded chattel mortgage on part of the property, and claiming priority thereunder over plaintiff’s mortgage and landlord’s lien. The pleadings and exhibits thereto are quite voluminous, but, as the principal contention is whether the description of the property in the…

1Opinion of the Court

Given, J.,1 I. The mortgage under which appellant'claims is in a form in common use, and shows on its face as follows: That it is from “Henry E. Yeomans, of Warren county, and state of Iowa,” to “F. M. Gilbert, of Des Moines, Iowa, party of the second part,” selling and conveying unto the party of the second part the following goods and chattels, to wit, nineteen pure blood Hereford cattle as follows: Beau Real 3d (male), Flora, Flora 2d, Flora 3d, Melody, Fair Maiden, Maiden Fair, Mowequa *589Lass, Ida Monde, Grace, Buckfield Lass, Gipsy Maid and calf, Forelock 3d, Patience, Silk 7th, Gentle…

2Cases cited10 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. Linden v. GreenSupreme Court of Iowa · 1890
  3. Warner v. WilsonSupreme Court of Iowa · 1887
  4. Benjamin v. ViethSupreme Court of Iowa · 1890
  5. Arndt v. HosfordSupreme Court of Iowa · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Farmers' & Merchants' Bank v. StockdaleSupreme Court of Iowa · 1903
  2. Wood v. West Pratt Coal Co.Supreme Court of Alabama · 1906
  3. Summer Thomas v. LawlerSupreme Court of Iowa · 1928

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