Orr v. Kenworthy
Supreme Court of Iowa
Appeal from Adair District Gowrt. — Hon. Edmund Nichols, Judge. Action of replevin brought by plaintiff, claiming to be the owner of a team of horses, a set of harness, and a buggy, to recover possession thereof from the defendant, as sheriff, claiming to hold the same under levy of execution thereon as the property of one Tim Sullivan. Frank B. Wilson, the execution creditor, was made party defendant, and sought to sustain the validity of the levy.
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Appeal from Adair District Gowrt. — Hon. Edmund Nichols, Judge. Action of replevin brought by plaintiff, claiming to be the owner of a team of horses, a set of harness, and a buggy, to recover possession thereof from the defendant, as sheriff, claiming to hold the same under levy of execution thereon as the property of one Tim Sullivan. Frank B. Wilson, the execution creditor, was made party defendant, and sought to sustain the validity of the levy. There was a trial to the court without a jury, and judgment for plaintiff for the possession of the property, from which the defendants appeal.
1Opinion of the CourtMcClain, J.
The plaintiff, a married woman, was residing July 14, 1907, with her husband on a farm in Adair County, and on that day, which was Sunday, her brother Tim Sullivan, arrived at her home from Illinois, where plaintiff had also formerly resided,- bringing with him the team of horses in controversy and harness, and a hack or buggy. He proposed to turn the property over to plaintiff in payment of certain notes which plaintiff held against him, and the property was at once taken possession of by the plaintiff, who on the following May surrendered to Sullivan one note for $150 and another note for…
2Cases cited3 opinions
- State v. KnightSupreme Court of Iowa · 1865
- Murphy v. W. T. Murphy & Co.Supreme Court of Iowa · 1904
- Hibbard v. ZenorSupreme Court of Iowa · 1891
3Cited by6 opinions
- Loranz & Co. v. SmithSupreme Court of Iowa · 1927
- International Harvester Co. of America v. PoduskaSupreme Court of Iowa · 1930
- Emerson-Brantingham Implement Co. v. LawsonDistrict Court, S.D. Iowa · 1916
- Securities Acceptance Corp. v. LewisSupreme Court of Iowa · 1941
- In re Cooper's EstateDistrict Court, S.D. Iowa · 1915
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