Jarchow & Sons v. Pickens
Supreme Court of Iowa
Aptpeal from Scott District Court. Action to replevy two horses of the value of eighty dollars. The horses were the property of one Prosch, but the defendant had acquired a landlord’s lien upon them by reason of their having been used upon a farm owned and leased by defendant to Prosch. Before the commencement of this action the defendant had caused the horses to be seized under a landlord’s writ of attachment.
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Aptpeal from Scott District Court. Action to replevy two horses of the value of eighty dollars. The horses were the property of one Prosch, but the defendant had acquired a landlord’s lien upon them by reason of their having been used upon a farm owned and leased by defendant to Prosch. Before the commencement of this action the defendant had caused the horses to be seized under a landlord’s writ of attachment. The plaintiffs’ claim to the horses is based upon a chattel mortgage executed to them by Prosch, and duly recorded before the execution of the lease of the farm by the defendant to…
1Opinion of the CourtAdams, J.
i mortgage • orityoverpri" íandiord’s lien. — The court made the certificate necessary to give this court jurisdiction, certifying that “the question involved as "^10 kas the superior right — a mortgagee °f personal property under a mortgage duly recorded, or a landlord who, after the recording of such mortgage, leases a farm to the mortgagor, taking the *382mortgaged property upon the demised premises and there using it during the term of the lease, said property not being exempt from execution, and the mortgagee knowing that the mortgaged property is being used by the mortgagor upon the demiséd…
2Cited by3 opinions
- Perry v. WaggonerSupreme Court of Iowa · 1886
- Gasnick v. SteffensenSupreme Court of Iowa · 1901
- Manhattan Trust Co. v. Sioux City & N. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1895