Brody v. Cohen
Supreme Court of Iowa
Appeal from Polk District Oourt. — Hon. T. P. Stevenson, Judge. Replevin for the possession of two safes, being a part ■of a stock of goods. The basis of plaintiffs claim is two •chattel mortgages. The defendant’s claim to the possession is that, as constable, he took possession of the safes by virtue of a landlord’s attachment issued out of a justice’s court in a suit wherein William Johnson was plaintiff and C. W. Chittenden was defendant.
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Appeal from Polk District Oourt. — Hon. T. P. Stevenson, Judge. Replevin for the possession of two safes, being a part ■of a stock of goods. The basis of plaintiffs claim is two •chattel mortgages. The defendant’s claim to the possession is that, as constable, he took possession of the safes by virtue of a landlord’s attachment issued out of a justice’s court in a suit wherein William Johnson was plaintiff and C. W. Chittenden was defendant. The cases involve less than one hundred dollars, so that they come to us on certificates from the trial judge. 'The certificate embraces two questions,…
1Opinion of the CourtGranger, J.
*3111 2 *310I. It is the right of possession, not of ownership, that is involved in the inquiry. That right depends,, not on ownership, but on liens, one being that of a landlord, and the other that of a mortgagee. The landlord’s lien is. prior in point of time, because the goods were on the leased premises before the mortgages were executed. Gilbert v. Greenbaum, 56 Iowa, 211. The landlord was not entitled to the possession of the property until his rent, or some part of it, became due. In other words, there must be rent due-*311before the action to enforce the lien can be brought. When rent is due,. the…
2Cases cited3 opinions
- Kingsbury v. BuchananSupreme Court of Iowa · 1860
- Gilbert, Hedge & Co. v. Greenbaum, Schroder & Co.Supreme Court of Iowa · 1881
- Parsons v. HedgesSupreme Court of Iowa · 1863
3Cited by4 opinions
- German State Bank v. HerronSupreme Court of Iowa · 1900
- Scottsdale Ginning Co. v. LonganArizona Supreme Court · 1922
- Hilman v. BrighamSupreme Court of Iowa · 1902
- Dowie v. ChristenSupreme Court of Iowa · 1902