Allen v. McCalla
Supreme Court of Iowa
Appeal from Polk District Court. Replevin for a stock of fancy goods. The plaintiff claimed tbe right of possession by virtue of a mortgage executed to him by Huber & Drake. The defendant was sheriff of Polk county, and claimed the goods by virtue of a levy of a writ of attachment against Huber & Drake, issued at the suit of Northrup, Taylor & Co. There was a trial to a jury; verdict and judgment for defendant. The plaintiff appeals.
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Appeal from Polk District Court. Replevin for a stock of fancy goods. The plaintiff claimed tbe right of possession by virtue of a mortgage executed to him by Huber & Drake. The defendant was sheriff of Polk county, and claimed the goods by virtue of a levy of a writ of attachment against Huber & Drake, issued at the suit of Northrup, Taylor & Co. There was a trial to a jury; verdict and judgment for defendant. The plaintiff appeals. The further necessary facts are stated in the opinion. I. We assume that an attaching creditor stands on no higher ground than a purchaser paying a present…
1Opinion of the CourtCole, J.
The only questions made in this case arise
upon the instructions given by the court to the jury, and the refusal to give others asked by the plaintiff. Without giving the instructions at length (they cover thirteen pages of the transcript), we will content ourselves by simply stating and deciding the questions involved in them.
i. notice: mortgage of chattels. I. Do the words “ without notice ” in section 2201 of the Revision apply to creditors as well as to purchasers ? The section is as follows; “No sale or mort- ~ gage oí personal property, where the vendor or mortgagor retains actual…
2Cases cited9 opinions
- The Mechanics Bank of Alexandria v. LOUISA & MARIA SETONSupreme Court of the United States · 1828
- Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
- Crawford v. NewellSupreme Court of Iowa · 1867
- Wilson v. MillerSupreme Court of Iowa · 1864
- English v. WaplesSupreme Court of Iowa · 1862
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3Cited by35 opinions
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- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
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