Clark v. Reiniger
Supreme Court of Iowa
Appeal from Floyd District Court. Action for the recovery of certain personal property. Plaintiff alleges in his petition that he is the owner of the property in question, and had it in possession, and that defendant took possession of it and claimed to hold it on an execution against one E. M. Clark.
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Appeal from Floyd District Court. Action for the recovery of certain personal property. Plaintiff alleges in his petition that he is the owner of the property in question, and had it in possession, and that defendant took possession of it and claimed to hold it on an execution against one E. M. Clark. Defendant answered, admitting that he took possession of said property; and he alleges that said property belonged to E. M. Clark, and that plaintiff lias no interest therein; and that he, as sheriff, seized it on two executions which were issued on judgments against E. M. Clark, and which he…
1Opinion of the CourtEeed, J.
1. executioníeyy'forwant ?ugnuoiS“l£y" same'prop-1 peif' estop I. Plaintiff filed a reply, in which he alleged that after the executions came into defendant’s hands he levied upon the property in question, and retained possession of the same during one day, and that he then released the levy .and returned the property to plaintiff, and returned the writs to the office of the clerk, and that this was done after written notice of plaintiff’s ownership of the property had been served upon defendant, and he had demanded of tjie plaintiff in execution bonds indemnifying him against liability on…
2Cases cited2 opinions
- Nelson v. C., R. I. & P. R. R.Supreme Court of Iowa · 1874
- Stevens v. TaylorSupreme Court of Iowa · 1882
3Cited by9 opinions
- Haman v. PrestonSupreme Court of Iowa · 1919
- State v. McCumberSupreme Court of Iowa · 1927
- Eno v. Adair County Mutual InsuranceSupreme Court of Iowa · 1940
- Wilson v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Iowa · 1913
- Swanson ex rel. Langstrum v. FrenchSupreme Court of Iowa · 1894
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