Legal Opinion

Sonka v. Yonkers

Supreme Court of Iowa

Decided January 11, 1921PublishedCited by 1 opinion

Appeal from Linn District Court. — Milo P. SMITH, Judge. Aotion in replevin to recover possession of certain hay. The hay was sold by plaintiff after the replevin, and defendant, claiming to own one half of the hay so sold, in his answer asked judgment against plaintiff therefor.

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Appeal from Linn District Court. — Milo P. SMITH, Judge. Aotion in replevin to recover possession of certain hay. The hay was sold by plaintiff after the replevin, and defendant, claiming to own one half of the hay so sold, in his answer asked judgment against plaintiff therefor. Trial to a jury, and at the conclusion of plaintiff’s evidence, the trial court sustained defendant’s motion for a directed verdict in his favor; and, defendant electing to take a money judgment, the court directed the jury to return a verdict accordingly, and to fix the value of defendant’s half of the hay at $160,…

1Opinion of the CourtPreston, J.

i chattel insufficlenf ke-scription. One Chick was the equitable owner of some 40 acres of land, which includes the land hereinafter described, which defendant claims he had leased from Chick, from April 1j 1918. During the season of 1918, defendant CU^ an(^ P11^ UP ^be b-ay-the tWO stae^S of hay jn controversy. The hay was on the land at the time of the replevin. The principal contention between the parties seems to be as to whether a chattel mortgage executed by Chick, December 28, 1917, to this plaintiff, contains a sufficiently definite description of the crop of hay for the year 1918, as…

2Cases cited19 opinions

  1. Hanson v. VernonSupreme Court of Iowa · 1869
  2. Wheeler v. BeckerSupreme Court of Iowa · 1886
  3. In re the Assignment of ThompsonSupreme Court of Iowa · 1914
  4. Farmers' & Merchants' Bank v. StockdaleSupreme Court of Iowa · 1903
  5. Pennington v. JonesSupreme Court of Iowa · 1881

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3Cited by1 opinion

  1. McKinney v. Clark Brown Grain Co.Supreme Court of Iowa · 1943

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