Frost v. Rosecrans
Supreme Court of Iowa
Appeal from Cerro Gordo Circuit Court. This is an action of replevin, in which the plaintiff claims to be the owner of certain store-goods and merchandise, which the defendant held as sheriff upon a writ of attachment, at the suit of a creditor of one Salisbury. The plaintiff’s claim is founded upon three chattel mortgages executed by said Salisbury, and possession of the goods under said mortgages.
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Appeal from Cerro Gordo Circuit Court. This is an action of replevin, in which the plaintiff claims to be the owner of certain store-goods and merchandise, which the defendant held as sheriff upon a writ of attachment, at the suit of a creditor of one Salisbury. The plaintiff’s claim is founded upon three chattel mortgages executed by said Salisbury, and possession of the goods under said mortgages. The defendant claimed that the said mortgages were fraudulent, because they were intended by the parties thereto to be the means by which Salisbury could cheat, hinder, delay or defraud his…
1Opinion of the CourtNotebook, J.
For several years prior to the second day of March, 1883, J. H. Salisbury was engaged in keeping a general store at Clear Lake, Iowa. The plaintiff was during said time, and is now, a banker at the same place. On said second day of March, 1883, Salisbury executed to the plaintiff two chattel mortgages upon his stock of goods. One of the mortgages was for $3,200, and the consideration therefor was a loan of $1,200 in money, and a previous debt of $2,000 owiugby Salisbury to Frost. The other mortgage was in the sum of $1,863.98, and was executed to Frost to secure the claims of certain…
2Cited by14 opinions
- Spaulding v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1896
- Olson v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Dille v. WhiteSupreme Court of Iowa · 1906
- Pooley v. DuttonSupreme Court of Iowa · 1914
- Pierce v. HeusinkveldSupreme Court of Iowa · 1944
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