Haydock v. Patton
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. D. Ryan, Judge. On August 22, 1889, Haydock commenced this action against the defendant, Patton, claiming immediate possession of certain chattel property held by the defendant, as sheriff, under attachments, claiming that the attachments were void, on account of a failure to deposit or tender to parties holding prior chattel mortgages upon property, the amount due thereon.
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Appeal from Jasper District Court. — Hon. D. Ryan, Judge. On August 22, 1889, Haydock commenced this action against the defendant, Patton, claiming immediate possession of certain chattel property held by the defendant, as sheriff, under attachments, claiming that the attachments were void, on account of a failure to deposit or tender to parties holding prior chattel mortgages upon property, the amount due thereon. On December 5, 1889, Haydock filed an amended and substituted petition, making Mary A. Leverton and W. A. Armstrong, prior mortgagees, defendants, and asking a writ for the return…
1Opinion of the CourtGiven, J.
I. The agreed statement shows the following facts: April 16, 1889, the firm of Flory & Newton, composed of O. D. Flory and C. N. Newton, dissolved, Newton taking the stock, and agreeing to pay the debts. On the next day, Newton gave to Mary A. Leverton, his sister-in-law, a mortgage for two thousand dollars on the stock; and on the following day, April 18, he gave her another mortgage on the same stock, to secure nine hundred and ninety-three dollars. On the twentieth of April, following, he gave W. A. Armstrong a mortgage on the same property, to secure two hundred dollars. On the twentieth…
2Cases cited8 opinions
- Hibbard, Spencer, Bartlett & Co. v. ZenorSupreme Court of Iowa · 1888
- Thomas v. Farley Manufacturing Co.Supreme Court of Iowa · 1888
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- Swantz v. PillowSupreme Court of Arkansas · 1887
- Buck-Reiner Co. v. BeattySupreme Court of Iowa · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hirsch, Elson & Co. v. IsraelSupreme Court of Iowa · 1898
- McKee v. MurphySupreme Court of Iowa · 1907
- Elson v. ClaytonSupreme Court of Iowa · 1925
- Henry Geiershofer & Co. v. NupufSupreme Court of Iowa · 1898
- Tollerton & Stetson Co. v. SkeltonSupreme Court of Iowa · 1902