Aultman & Taylor Machinery Co. v. Kennedy
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. James D. Smytiie, Judge. Action at law, aided by attachment. The intervener claimed the property attached under certain mortgages executed by defendant in the state of North Dakota. There was a trial to the court, resulting in a judgment finding intervener entitled to the possession of the property, and plaintiff appeals.
1Opinion of the CourtDeemeb, J.
1 James Kennedy is a resident of North Dakota. On arid prior to August 4, 1898, he was temporarily engaged in work at or near Burlington, in this state, in which he ivas using'horses, mules, wagons, scrapers, plows, etc. During the night of August 4th Kennedy packed his entire, outfit on board the cars, to be shipped out of the state. Hearing of his purpose, plaintiff, a creditor, commenced an attachment suit, and levied on the property hitherto described. On the 14th day of March, 1898, Kennedy, who, as we have said, was a resident of North Dakota, executed a chattel mortgage covering…
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