Hughes v. Wheeler
Supreme Court of Iowa
Appeal from Hancocle Circuit Gowrt. Action for damages alleged to have been sustained by the the plaintiff by reason of the taking of a certain mare from his possession. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendants appeal.
1Opinion of the CourtAdams, J.
The mare at one time was the property of one Perry. The plaintiff claims to have derived title and right of possession as a purchaser either directly from Perry, or through one Williams. The defendant Wheeler claims title and right of possession under a mortgage from Perry. The defendant Hotchkiss claims to have acted merely as the agent of Wheeler in assisting him to gain possession of the mare under the mortgage. No question is raised in regard to the existence of the mortgage. The question raised is as to whether the description of the property mortgaged is sufficient to enable the…
2Cases cited4 opinions
- Beall v. WhiteSupreme Court of the United States · 1877
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Arques v. WassonCalifornia Supreme Court · 1877
- Muir v. BlakeSupreme Court of Iowa · 1882
3Cited by3 opinions
- American Fire Insurance Co. of Philadelphia v. PappeSupreme Court of Oklahoma · 1896
- Merchants' National Bank v. MannNorth Dakota Supreme Court · 1892
- Riddle v. DowSupreme Court of Iowa · 1896