Armel v. Lendrum
Supreme Court of Iowa
Appeal from Pollc District Court. This is an action for the recovery of certain personal property. It is averred in the petition that plaintiff is the absolute owner of the property, and entitled to the immediate possession thereof, and that its value is $425; that the defendant, Lendrum, is Sheriff of Polk county, and unlawfully detains and holds said property; that said defendant claims to hold the same under an execution in his hands issued from the District Court of…
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Appeal from Pollc District Court. This is an action for the recovery of certain personal property. It is averred in the petition that plaintiff is the absolute owner of the property, and entitled to the immediate possession thereof, and that its value is $425; that the defendant, Lendrum, is Sheriff of Polk county, and unlawfully detains and holds said property; that said defendant claims to hold the same under an execution in his hands issued from the District Court of Scott county, upon a judgment obtained in said court against tbe defendants, in an action entitled William Dwnion v. Thomas…
1Opinion of the CourtRothrook, J.
i execution: proifei-tyIor seized. I. Section 1995 of the Code of 1851, section 3553 of the Revision of 1860, and section 3225 of the Code of 1873, contain substantially the same provision, which is that replevin will lie for personal property taken by legal process, when the petition states under oath that it was exempt from such seizure.
*537In Funk & Hardman v. Israel, 5 Iowa, 439, it was held that the exemption contemplated by section 1995 of the Code of 1851 extended only to the articles enumerated in sections 1898 and 1899 of that Code, and was intended only for the benefit of the particular…
2Cases cited6 opinions
- Thompson v. ButtonNew York Supreme Court · 1817
- McGuinty v. HerrickNew York Supreme Court · 1830
- Campbell v. WilliamsSupreme Court of Iowa · 1874
- Cooley v. DavisSupreme Court of Iowa · 1871
- Smith v. MontgomerySupreme Court of Iowa · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stephens v. CurtnerMissouri Court of Appeals · 1920
- Young v. EvansSupreme Court of Iowa · 1902
- Nichols v. Sheldon BankSupreme Court of Iowa · 1897