Pennington v. Jones
Supreme Court of Iowa
Appeal from Franklin Circuit Court. "W. A. McDowell executed a chattel-mortgage to the plaintiff. The defendant, as sheriff, as the plaintiff claims, levied upon and sold the mortgaged property under an execution against McDowell. The defendant had constructive notice at the time of the levy, and express notice of the mortgage before the sale. This action was brought to recover damages sustained by the plaintiff. Judgment for the defendant, and plaintiff appeals.
1Opinion of the CourtSeevers, J.
The mortgage was executed on the first day of February, 1879, and the property mortgaged therein was described as follows: . “-About fifty acres of wheat; twenty acres of oats; also twelve acres of barley, and twenty acres of corn; also two acres of buckwheat, to be sown and raised on the land leased of Barber McDowell, and now occupied by said W. A. McDowell, lying and being in section seventeen (17) in township of Ingham, in said Franklin county, and also one hundred and fifteen Brahma fowls, including their products and increase.”
The plaintiff introduced the mortgage, and then gave…
2Cases cited2 opinions
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Fejavary v. BroeschSupreme Court of Iowa · 1879
3Cited by16 opinions
- Livestock Credit Corp. v. CorbettIdaho Supreme Court · 1933
- Hall v. GlassCalifornia Supreme Court · 1899
- McConnell v. LangdonIdaho Supreme Court · 1891
- Eggert v. WhiteSupreme Court of Iowa · 1882
- Luce v. MooreheadSupreme Court of Iowa · 1887
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