Meyer v. Gage Bros.
Supreme Court of Iowa
Appeal from Mahaska District Court. This action was brought by plaintiffs to recover the value of their interest in certain goods which were seized and converted by defendants.
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Appeal from Mahaska District Court. This action was brought by plaintiffs to recover the value of their interest in certain goods which were seized and converted by defendants. It is 'alleged in the petition that Yickory and McQuiston, who were the owners of said goods, executed and delivered to plaintiffs a chattel mortgage thereon to secure the amount of an indebtedness which they were then owing them; and that defendants, after the execution and delivery of said mortgage, and with notice thereof, sued out a writ of attachment from the circuit court of the United States for the district of…
1Opinion of the CourtReed, J.
The case was tried to the court without the intervention of a jury. Plaintiffs introduced in evidence the mortgage referred to in the pleadings. They also proved that a portion of the debt secured by it remained unpaid. They also introduced in evidence the pleadings in the attachment suit, together with the writ of attachment and the return of the officer who served the same; also the record of the judgment in the case, and the order of the court for the sale of the attached property. It was also shown that the mortgage was duly recorded at the time of the levy, and that personal notice of…
2Cases cited1 opinion
- Torbert v. HaydenSupreme Court of Iowa · 1861
3Cited by7 opinions
- Etheridge v. SperrySupreme Court of the United States · 1891
- Ephraim v. KelleherWashington Supreme Court · 1892
- Barnes v. EschOregon Supreme Court · 1917
- Gutschenritter v. WhitmoreSupreme Court of Iowa · 1913
- Gilmore & Rule v. Kilpatrick-Koch Dry Goods Co.Supreme Court of Iowa · 1897
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