Legal Opinion

Sheets v. Poff

Supreme Court of Iowa

Decided May 5, 1904PublishedCited by 6 opinions

Appeal from Linn District Gouri. — Hon. W. G. Thompson, Judge. On October 20, 1902, defendant Poff purchased of plaintiff an Estey piano, and executed and delivered to him a mortgage on the property to secure the future payment of the entire purchase price. The piano was on that day delivered to Mrs. Poff, but plaintiff did not procure his mortgage to be recorded.

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Appeal from Linn District Gouri. — Hon. W. G. Thompson, Judge. On October 20, 1902, defendant Poff purchased of plaintiff an Estey piano, and executed and delivered to him a mortgage on the property to secure the future payment of the entire purchase price. The piano was on that day delivered to Mrs. Poff, but plaintiff did not procure his mortgage to be recorded. On October 27, 1902, said defendant Poff executed and delivered to defendant Marie E. Holloway a further mortgage on said piano' to secure repayment of a loan on that day made in the suip of $250. It is conceded that at the time…

1Opinion of the CourtBishop, J.

Appellant rests her contention upon the provisions of section 2906 of the Code, which is as follows: “No sale or mortgage of personal property, where the vendor or mortgagor retains actual possession thereof, is valid against existing creditors or subsequent purchasers without notice, unless a written instrument conveying the same is executed and acknowledged, like conveyances of real estate, and filed for record with the recorder of 'the county where the holder of the property resides.” The force of this provision of the statute is not denied by appellee, but it is his contention that the…

2Cases cited2 opinions

  1. Bank of Farmington v. EllisSupreme Court of Minnesota · 1883
  2. Witherbee v. TaftAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by6 opinions

  1. Spellman v. BeemanSupreme Court of Florida · 1915
  2. Dixon v. TyreeSupreme Court of Kansas · 1914
  3. Swayne v. TillotsonSupreme Court of Iowa · 1910
  4. Goldberg v. Brule Timber Co.Supreme Court of Minnesota · 1918
  5. Heitzman v. HannahSupreme Court of Iowa · 1928

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