Hubbard v. Le Barron
Supreme Court of Iowa
Appeal from Cherokee District Court. — Hon. William Hutchinson, Judge. Plaintiee’s case, as he states it, arises out of the following facts: One Scott Scurlock, being the owner of certain cattle, mortgaged them, with other chattels, to Binkley.
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Appeal from Cherokee District Court. — Hon. William Hutchinson, Judge. Plaintiee’s case, as he states it, arises out of the following facts: One Scott Scurlock, being the owner of certain cattle, mortgaged them, with other chattels, to Binkley. Afterwards Scurlock moved with the cattle upon a farm which he had rented from the defendant Bohertson. ■ Sometime later plaintiff purchased the cattle of Scurlock for the-sum of one hundred and seventeen dollars, of which seventeen dollars was paid to Scurlock and the remainder to. Binkley, to secure the release of the latter’s lien.…
1Opinion of the CourtWaterman, J.
Plaintiff’s right to succeed is dependent upon his establishing two propositions: (1) That theBinkley mortgage was superior to the claim of the landlord, and (2) that he is entitled to. be subrogated to- the mortgagee’s-rights to the extent of the payment made on the mortgage debt. The evidence is in sharp conflict on the question whether-the mortgage was made before the cattle were taken upon the leased premises. The trial court must have found that it was. We may concede the correctness of this finding without any very close analysis of the facts in evidence, for our-holding on the other…
2Cases cited5 opinions
- Goodyear v. GoodyearSupreme Court of Iowa · 1887
- Bolton v. Lambert & Co.Supreme Court of Iowa · 1887
- Kellogg v. ColbySupreme Court of Iowa · 1891
- Goode v. CummingsSupreme Court of Iowa · 1872
- Witt v. RiceSupreme Court of Iowa · 1894
3Cited by7 opinions
- Mosher v. ConwayArizona Supreme Court · 1935
- Citizens Mercantile Co. v. EasomSupreme Court of Georgia · 1924
- Kahn v. McConnellSupreme Court of Oklahoma · 1913
- Howell v. CommissionerUnited States Board of Tax Appeals · 1931
- Atherton v. TeschSupreme Court of Alabama · 1919
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