Willard v. Cramer
Supreme Court of Iowa
Appeal from, Monroe Ovreuit Qourt. Action of replevin for a horse, commenced before a justice of the peace. The value of the horse is alleged to be $75, and plaintiff claims ownership under a bill of sale executed by one Ohurch, which, it is alleged, was duly acknowledged and recorded. Defendant sets up ownership of the property, and pleads certain matter assailing the validity of the instrument under which plaintiff claims.
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Appeal from, Monroe Ovreuit Qourt. Action of replevin for a horse, commenced before a justice of the peace. The value of the horse is alleged to be $75, and plaintiff claims ownership under a bill of sale executed by one Ohurch, which, it is alleged, was duly acknowledged and recorded. Defendant sets up ownership of the property, and pleads certain matter assailing the validity of the instrument under which plaintiff claims. Judgment was rendered for defendant by the justice; upon a trial in the circuit court, without a jury, on appeal, the defendant again prevailed. Plaintiff appeals to this…
1Opinion of the Court
Beck, Ch.. J.
— Upon the trial plaintiff offered in evidence a bill of sale- or chattel mortgage for the property, under which he claims the ownership. It was not admitted for the reason that the acknowledgment failed to show the county of the notary public making the certificate thereof. That instrument shows the objection to be well founded in fact, but in the seal affixed thereto, impressed in the usual manner, appear the words “ Marshall county.” The bill of sale was recorded. The plaintiff offered a certified copy of the record to prove that the seal with its proper words appear in the…
2Cited by18 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- Maxwell v. HartmannWisconsin Supreme Court · 1881
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Greenwood v. JenswoldSupreme Court of Iowa · 1886
- Stoddard v. SloanSupreme Court of Iowa · 1885
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