Legal Opinion

Buck-Reiner Co. v. Beatty

Supreme Court of Iowa

Decided February 10, 1891PublishedCited by 9 opinions

Appeal from Appanoose District Court. — IloN. H. C. Tbavebse, Judge. James Beatty is a defendant in this suit. October 8, 1889, Beatty executed to J. II. Merrill & Co. and J. A. Philipps a chattel mortgage on a stock of goods to secure tbe sum of six hundred and thirteen ' dollars and eighty-eight cents, and on the following day the mortgagees took possession of the same, and the store in which the goods were kept.

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Appeal from Appanoose District Court. — IloN. H. C. Tbavebse, Judge. James Beatty is a defendant in this suit. October 8, 1889, Beatty executed to J. II. Merrill & Co. and J. A. Philipps a chattel mortgage on a stock of goods to secure tbe sum of six hundred and thirteen ' dollars and eighty-eight cents, and on the following day the mortgagees took possession of the same, and the store in which the goods were kept. On the same day, and after the mortgagees had taken possession of the goods, J. W. Garner, a defendant, and appellant in a snit pending by him against Beatty to recover four…

1Opinion of the Court

GraNoer, .T.

The case involves the construction of chapter 117 of the Acts of the Twenty-first General *355Assembly. The precise point is as to tlie effect oí a garnishment under an attachment proceeding, whether it creates such a lien or right to the property that it takes priority over a lien. by virtue of a levy under an attachment, where to make such levy effective the mortgage debt is paid, as provided by the chapter cited. It may be well to first inquire as to the state of the law before the act in question, to better determine its effect thereon by knowing the purpose to be subserved by the…

2Cases cited9 opinions

  1. McConnell v. DenhamSupreme Court of Iowa · 1887
  2. Mooar v. WalkerSupreme Court of Iowa · 1877
  3. Campbell v. LeonardSupreme Court of Iowa · 1861
  4. Doane & Co. v. GarretsonSupreme Court of Iowa · 1868
  5. Vanslyck v. Mills & Co.Supreme Court of Iowa · 1872

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
  2. Ward v. SherbondySupreme Court of Iowa · 1895
  3. Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
  4. Hirsch, Elson & Co. v. IsraelSupreme Court of Iowa · 1898
  5. Bowen v. Port Huron Engine & Thresher Co.Supreme Court of Iowa · 1899

4 more not listed; retrieve them via the Exa API.

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