Vandeventer v. Nelson
Supreme Court of Iowa
Appeal from Haniilton District Court. — R. M. Wright, Judge. Action at law to recover damages on account of the unlawful levy of an execution. The material facts are stated in the opinion. The jury returned a verdict for the defendant.' —
1Opinion of the CourtStevens, J.
Defendant, as sheriff, levied under execution upon a threshing machine and traction engine as the property of plaintiff. M. J. Vandev enter caused notice to be served upon the sheriff, claiming to be the holder of a mortgage upon the threshing machine and engine. After some time had elapsed, the sheriff released the machinery from the levy because the judgment creditor refused to give him an indemnifying bond.
Plaintiff averred in his petition that he was a mechanic, earning his living by threshing, hulling grains and seeds, and doing other work in which he used said engine; that they were the…
2Cases cited3 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Blair v. FritzSupreme Court of Iowa · 1913
- Upp v. NeuhringSupreme Court of Iowa · 1905
3Cited by3 opinions
- Wollner v. DarnellCourt of Appeals of Texas · 1936
- Arvidson v. SlaterSupreme Court of Minnesota · 1931
- Wollner v. DarnellCourt of Appeals of Texas · 1936