Legal Opinion

Muir v. Blake

Supreme Court of Iowa

Decided March 22, 1882PublishedCited by 20 opinions

Appeal from Jones District Court. On the 15th day of January, 1879, James Crawford was in possession of certain improved land in Jones county, and on that day he executed to the plaintiff herein a chattel mortgage, that part thereof descriptive of the mortgaged property being as follows: “All the crops raised by me in any part of Jones county for the term of three years * * * .” The mortgage was recorded January 19, 1879. In the year 1879 Crawford raised a crop of corn on…

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Appeal from Jones District Court. On the 15th day of January, 1879, James Crawford was in possession of certain improved land in Jones county, and on that day he executed to the plaintiff herein a chattel mortgage, that part thereof descriptive of the mortgaged property being as follows: “All the crops raised by me in any part of Jones county for the term of three years * * * .” The mortgage was recorded January 19, 1879. In the year 1879 Crawford raised a crop of corn on the premises of which he was in possession at the time of the execution of the mortgage, and in September, 1879, while he…

1Opinion of the CourtRothrock, J.

I. This case was submitted at a former term, and an opinion was filed affirming the judgment of the court below. A petition for rehearing was- granted, upon which the cause has been more fully argued than it was at its first submission. After a thorough examination of the case in the light of the re-argument, we have reached a conclusion different from that heretofore announced.

In considering the case we will confine ourselves to the one question, as to the validity of this mortgage between the mortgagee and a creditor of the mortgagor. Whether or not it would be a valid and binding…

2Cases cited5 opinions

  1. Scharfenburg v. BishopSupreme Court of Iowa · 1872
  2. Yant v. HarveySupreme Court of Iowa · 1880
  3. Fejavary v. BroeschSupreme Court of Iowa · 1879
  4. State v. ArthurSupreme Court of Iowa · 1866
  5. Stephens v. PenceSupreme Court of Iowa · 1881

3Cited by20 opinions

  1. Wheeler v. BeckerSupreme Court of Iowa · 1886
  2. Farmers' & Merchants' Bank v. StockdaleSupreme Court of Iowa · 1903
  3. Johnson v. GrissardSupreme Court of Arkansas · 1888
  4. Hall v. GlassCalifornia Supreme Court · 1899
  5. Warner v. WilsonSupreme Court of Iowa · 1887

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