Tollerton & Stetson Co. v. Skelton
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. N. W. Macy, Judge. There is no controversy as to the facts, and they may be stated as follows: Prior to February, 5, 1900, J. E. Jennings, a retaiL grocer in Missouri Valley, Iowa, had executed and delivered a chattel mortgage covering his stock of goods and store fixtures to the Valley Bank, of Missouri Valley, to secure an indebtedness due from him to said bank.
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Appeal from Harrison District Court. — Hon. N. W. Macy, Judge. There is no controversy as to the facts, and they may be stated as follows: Prior to February, 5, 1900, J. E. Jennings, a retaiL grocer in Missouri Valley, Iowa, had executed and delivered a chattel mortgage covering his stock of goods and store fixtures to the Valley Bank, of Missouri Valley, to secure an indebtedness due from him to said bank. The mortgage was in usual form, and was duly recorded in the office of the county recorder of Harrison county. On the date mentioned, and said mortgage still being uusatisfied, the Paxton…
1Opinion of the CourtBrsnop, J.
We have set out the facts fully in the foregoing statement, because, as we think, the case is ruled by Wilson v. Felthouse, 90 Iowa, 315, and Clark v. Patton, 92 Iowa, 247. In the Wilson Case the act of the 21st General Assembly, — now appearing in the Code as section 3979 et seq., relating to levies upon mortgaged chattels, was directly under consideration. There the mortgagor, subsequent to a levy of attachment upon the mortgaged goods, made a general assignment for the benefit of creditors, and that suit was brought by the assignee against the attaching creditors. Here the suit is by a…
2Cases cited3 opinions
- Collins v. GreggSupreme Court of Iowa · 1899
- Haydock v. PattonSupreme Court of Iowa · 1894
- Willson v. Felthouse Bros. & MooreSupreme Court of Iowa · 1894