Wells v. Chapman
Supreme Court of Iowa
Appeal from Polls' Circuit Court. This is an action for the recovery of damages for the alleged unlawful conversion of certain personal property. It is averred in the petition that the property was taken by virtue of an execution against one L. Wells, in favor of Lord Stoughtenburg & Co. That the plaintiff was the owner thereof by virtue of a chattel mortgage executed and delivered by said L. Wells to the plaintiff.
Read the full summary
Appeal from Polls' Circuit Court. This is an action for the recovery of damages for the alleged unlawful conversion of certain personal property. It is averred in the petition that the property was taken by virtue of an execution against one L. Wells, in favor of Lord Stoughtenburg & Co. That the plaintiff was the owner thereof by virtue of a chattel mortgage executed and delivered by said L. Wells to the plaintiff. It is further averred that, after the goods ‘were seized by the defendant, the plaintiff served upon the defendant a notice of ownership and demand for a return of the goods.…
1Opinion of the CourtRothrock, J.
I. The amount in controversy being less than one hundred dollars, the circuit judge has certified certain questions upon which it is said an opinion of this court is desired. The first of these questions is as follows: “Did L. Wells, the mortgagor of the chattel property referred to in the petition, and being in • the possession thereof under the terms of the mortgage attached to said petition, * * * have an interest therein which could be levied on and sold under execution?”
Counsel for appellants contend that this question should be *660answered in the affirmative, because the debt secured by…
2Cited by6 opinions
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
- Geiser Manufacturing Co. v. KrogmanSupreme Court of Iowa · 1900
- Richardson v. CoffmanSupreme Court of Iowa · 1893
- Robinson v. GraySupreme Court of Iowa · 1894
- Lyon v. Council Bluffs Sav. BankU.S. Circuit Court for the Southern District of Iowa · 1886
1 more not listed; retrieve them via the Exa API.