Cummings v. Tovey
Supreme Court of Iowa
Appeal from Allamakee District Court. . Plaintiff-alleges that he is the owner, under a chattel mort-. gage, .of a dark brown stallion, eight years old, of the value of $500, and that he is, under the terms of said chattel mortgage, entitled to the immediate possession of the same. That defendant wrongfully took possession of said horse, and claims the same in virtue of a sheriff’s sale under an execution against the property of the mortgagor.
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Appeal from Allamakee District Court. . Plaintiff-alleges that he is the owner, under a chattel mort-. gage, .of a dark brown stallion, eight years old, of the value of $500, and that he is, under the terms of said chattel mortgage, entitled to the immediate possession of the same. That defendant wrongfully took possession of said horse, and claims the same in virtue of a sheriff’s sale under an execution against the property of the mortgagor. The defendant answered alleging that, on the 27th day of January, 1872, the sheriff, in virtue of an execution in favor of J. S. Upton & Co., against…
1Opinion of the CourtDay, J.
The chattel mortgage bears date the 28th day of August, 1867, and was filed for record, September 2d, 1867, and recorded in the proper book of records. It is executed by Tollef Tollefson, William S. Moore and Alonzo F. Moore, and it describes, amongst other property, “ three horses, one a dark brown stallion, three years old.” The filing for record, and the record itself, describe the property merely as three horses, omitting the remainder of the description.
n mortgage: eoutkm:e¿ona Me pmuias The attorneys of the plaintiffs in execution had actual knowledge of the mortgage before the sale,…
2Cases cited2 opinions
- Campbell v. LeonardSupreme Court of Iowa · 1861
- Gordon v. HardinSupreme Court of Iowa · 1871
3Cited by7 opinions
- Reinstein v. RobertsOregon Supreme Court · 1898
- Plano Manufacturing Co. v. GriffithSupreme Court of Iowa · 1888
- Clapp v. TrowbridgeSupreme Court of Iowa · 1888
- Baltimore & Ohio Railroad v. Canton Co.Court of Appeals of Maryland · 1889
- Bacon & Co. v. ThompsonSupreme Court of Iowa · 1882
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