Thompson v. Anderson
Supreme Court of Iowa
Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. Action in two counts to recover damages for an alleged wrongful conversion of seventeen head of cattle and fifty-eight head of hogs. The plaintiff alleges in the first count that he had a landlord’s lien upon said property for rents due to him from N. H. Jacobs, and that the defendant purchased the cattle and hogs from Jacobs, and has converted them to his own use, and refuses to account therefor.
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Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. Action in two counts to recover damages for an alleged wrongful conversion of seventeen head of cattle and fifty-eight head of hogs. The plaintiff alleges in the first count that he had a landlord’s lien upon said property for rents due to him from N. H. Jacobs, and that the defendant purchased the cattle and hogs from Jacobs, and has converted them to his own use, and refuses to account therefor. He alleges in the second count that he held a chattel mortgage from Jacobs on said cattle and hogs, and that the defendant…
1Opinion of the CourtGiven, J.
I. The appellant assigns as error the giving of the following in the seventh paragraph of the court’s charge:
1. Pleading: general denial: evidence. ‘ ‘As to third persons buying, property from a tenant, which was kept upon leased premises,, the landlord’s lien would only attach to suchpropei’ty as was owned and used by the tenant on the leased premises. As against third persons the landlord’s lien will not attach to personal property owned and kept only upon the premises for the purpose of barter and sale in the tenant’s regular course of business, and not used by him upon the demised…
2Cases cited3 opinions
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
- Garner v. CuttingSupreme Court of Iowa · 1871
- Nesbitt v. BartlettSupreme Court of Iowa · 1863
3Cited by7 opinions
- Thompson v. AndersonSupreme Court of Iowa · 1895
- Vollmer Clearwater Co. v. Union Warehouse & Supply Co.Idaho Supreme Court · 1926
- Mau v. Rice Bros.Supreme Court of Iowa · 1933
- Shoemaker v. White-Dulaney Co.Washington Supreme Court · 1924
- Meyer v. Hawkeye Bank & Trust Co.Supreme Court of Iowa · 1988
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