Lufkin & Wilson v. Preston
Supreme Court of Iowa
Appeal from Jasper Circuit Court. Action of replevin for 850 bushels of corn. The cause was referred to a referee who made certain written findings of fact aud recommended that a judgment be entered for the defendant, which was accordingly done. Plaintiffs appeal.
1Opinion of the CourtRothrock, J.
l. heplevin: assignment of lease. On a former appeal in this case the facts as to the claims made by the parties to the property in controversy are fully stated, and therefore need not be repeated here. See 52 Iowa, 235. The referee found as facts that the leases were assigned by Morris, the lessor, to the plaintiffs on account of certain indebtedness due from the former to the latter, and as collateral security for said indebtedness. That while the assignments were absolute and unqualified no amount was fixed as the value of the leases. It was further found that the defendant had no notice…
2Cases cited2 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Lufkin v. PrestonSupreme Court of Iowa · 1879
3Cited by4 opinions
- Whiteside v. MorrisSupreme Court of Iowa · 1924
- Riddle v. DowSupreme Court of Iowa · 1896
- King v. Wallace Bros.Supreme Court of Iowa · 1889
- Phelps v. KrollSupreme Court of Iowa · 1931