Galpin v. Galpin
Supreme Court of Iowa
Appeal from Davis District Court. — Hon. Ciiables D. Leggett, Judge. Action for recovery of specific personal property. Plaintiff claimed tLe property under a chattel mortgage executed by defendant as securitji for a promissory note for five hundred dollars. He gave the bond provided by the statute, and the property, which, since the execution of the mortgage, had remained in defendant’s possession, was delivered to him by the sheriff under the order issued by the clerk.
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Appeal from Davis District Court. — Hon. Ciiables D. Leggett, Judge. Action for recovery of specific personal property. Plaintiff claimed tLe property under a chattel mortgage executed by defendant as securitji for a promissory note for five hundred dollars. He gave the bond provided by the statute, and the property, which, since the execution of the mortgage, had remained in defendant’s possession, was delivered to him by the sheriff under the order issued by the clerk. The defendant answered that the mortgage was without consideration, and was given, at plaintiff’s instance and request, for…
1Opinion of the CourtReed, J.
The cases cited by appellee, and relied on as sustaining the ruling of the district court, are of two classes, viz.: (1) Cases in which a party to an unlawful or fraudulent contract, but which has been fully executed, sought to recover the consideration paid by him, and (2) cases in which a party to an executory contract, which, although tainted by fraud in its inception, was still supported by a valuable consideration, sought to defeat its enforcement. The uniform holding of the cases of the first class is., that the party is not entitled to relief. In the other class it has been held that…
2Cited by3 opinions
- Baldwin v. DavisSupreme Court of Iowa · 1902
- Bosley v. StewartSupreme Court of Iowa · 1908
- Harcrow v. GardinerSupreme Court of Arkansas · 1900