Legal Opinion

McCormick Harvesting Machine Co. v. De La Mater

Supreme Court of Iowa

Decided May 29, 1901PublishedCited by 1 opinion

Appeal from Osceola District Court. — Hon. J. F. Oliver, Judge. This appeal is by plaintiff from an order sustaining a motion to vacate a temporary injunction which had been granted on plaintiff’s petition, and which restrained defendant Babcock from selling certain personal property in a proceeding he had instituted for the foreclosure of a chattel mortgage executed by defendant B. De La Mater.

1Opinion of the CourtWaterman, J.

A harvesting machine is the properly in controversy. Plaintiff and Babcock each hold a chattel mortgage upon it. The latter’s mortgage covers considerable other property, to which plaintiff makes no claim. Each party asserts a priority of lien. Babcock began proceedings by notice and sale to foreclose his mort-„ gage. Plaintiff then instituted an action in equity to foreclose its mortgage, making Babcock a party, and procured a temporary injunction from Hutchinson, J., restraining the sale by Babcock of the machine in question, and also an order bringing the latter’s foreclosure proceeding…

2Cases cited3 opinions

  1. Sweet, Dempster & Co. v. OliverSupreme Court of Iowa · 1881
  2. Treanor v. Sheldon BankSupreme Court of Iowa · 1894
  3. Rankin v. RankinSupreme Court of Iowa · 1885

3Cited by1 opinion

  1. Neustadter Bros. v. DoustIdaho Supreme Court · 1907

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