White v. Morgan
Supreme Court of Iowa
Appeal from Fremont Gireuit Court. The petition of plaintiff alleges that on the 21st day of May, 1874, she was the owner of certain flour and corn meal of the value of $227.75, and that on said day the defendant, as sheriff of Fremont county, by virtue of an execution in favor of Hawes, Babcoeh <& Go. v. H. JS. Grape, wrongfully seized and took on said execution the said flour and meal, as the property of H. R. Grape, and proceeded to sell the same to satisfy said excution.
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Appeal from Fremont Gireuit Court. The petition of plaintiff alleges that on the 21st day of May, 1874, she was the owner of certain flour and corn meal of the value of $227.75, and that on said day the defendant, as sheriff of Fremont county, by virtue of an execution in favor of Hawes, Babcoeh <& Go. v. H. JS. Grape, wrongfully seized and took on said execution the said flour and meal, as the property of H. R. Grape, and proceeded to sell the same to satisfy said excution. Plaintiff asks judgment for the value of the flour and interest. The defendant filed an answer in denial. ITawes,…
1Opinion of the CourtDay, J.
The court instructed the jury as follows:
“2. If you find from the evidence that Elizabeth White was, at the time the sheriff seized the property in controversy, the owner of said property, you should find for her, unless you find for the defendants on the second and third divisions of intervenor’s answer, as instructed in the next two instructions given at the request of the defendants.
“ 3. If you believe from the evidence that the plaintiff held out H. R. Grape as the owner of, or as having full power of disposition over the said mill property in Hamburg, or the proceeds thereof, or…
2Cases cited3 opinions
- Lucas v. HartSupreme Court of Iowa · 1857
- Morris v. SargentSupreme Court of Iowa · 1864
- French & Davies v. RoweSupreme Court of Iowa · 1864
3Cited by4 opinions
- Crouse v. MorseSupreme Court of Iowa · 1878
- Willey v. HiteSupreme Court of Iowa · 1914
- Crouse v. MorseSupreme Court of Iowa · 1878
- McGirr v. SellIndiana Supreme Court · 1877