Rhutasel v. Stephens
Supreme Court of Iowa
Appeal from, Franklin Circuit Court. Action for the recovery of specific personal property. Defendant is sheriff of Franklin county, and he seized, the property in controversy on a writ of attachment issued in the suit of the Citizens Bank of Hampton against Nicholas J. Rhutasel. Plaintiff is the wife of Nicholas J. Ehutasel,-and she claims the property under a chattel mortgage executed by her husband to secure an alleged indebtedness.
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Appeal from, Franklin Circuit Court. Action for the recovery of specific personal property. Defendant is sheriff of Franklin county, and he seized, the property in controversy on a writ of attachment issued in the suit of the Citizens Bank of Hampton against Nicholas J. Rhutasel. Plaintiff is the wife of Nicholas J. Ehutasel,-and she claims the property under a chattel mortgage executed by her husband to secure an alleged indebtedness. The mortgagor was in possession of the property at the time of the seizure by defendant. The defenses pleaded are (1) that the description of the property…
1Opinion of the CourtEeed, J.
1. CHATTEL sufficiency of description, I. The description of the property contained in the mortgage is as follows: “ All my stock hogs, being forty, more or less, with the pigs now with them; J í ° °,ne sPatl c°lts> three years old, one gray, one C0WSj 0ne seven years old, white, and with red spots; one same age, and about same color; one brindle cow six years old; one cow four years old, with calf with her, blind in one eye; one four years old, red and white, with calf with her also; one eight years old, red, with white face; one roan cow, six years old.” The circuit court ruled that this…
2Cases cited2 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Robb v. Hackley & WeltonNew York Supreme Court · 1840
3Cited by19 opinions
- First National Bank of Joliet v. AdamIllinois Supreme Court · 1891
- Barrett v. FischSupreme Court of Iowa · 1889
- Plano Manufacturing Co. v. GriffithSupreme Court of Iowa · 1888
- Warner v. WilsonSupreme Court of Iowa · 1887
- Producers Livestock Marketing Ass'n v. John Morrell & Co.Supreme Court of Iowa · 1935
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