Wells & Co. v. Sabelowitz
Supreme Court of Iowa
Appeals from Floyd District Court. These causes involve tbe same questions, and will be disposed of iu one opinion. The controversy is between plaintiffs, who are attaching creditors, and the intervenors, who hold a chattel mortgage on the property which is the subject of the controversy. The material facts are stated in the opinion. Intervenors recovered in the district court. Plaintiffs appeal.
1Opinion of the CourtReed, J.
On the thirtieth day of December, 1881, the defendant, Sabelowitz, executed two chattel mortgages, each of which covered the entire stock of goods and merchandise in the building occupied and used by him as a store. One of said mortgages was executed to Joseph Hershburg, and was given to secure an indebtedness of $850. The other *239mortgage was given to The First National Bank of Rockford to secure an indebtedness of $400. Said mortgages were duly recorded on the day of their execution, and each contained the provision “ that, in case of default made in the payment of the above-mentioned…
2Cases cited2 opinions
- Campbell v. LeonardSupreme Court of Iowa · 1861
- Tootle, Hosea & Co. v. TaylorSupreme Court of Iowa · 1884
3Cited by5 opinions
- Citizens' State Bank v. Council Bluffs Fuel Co.Supreme Court of Iowa · 1894
- Booth v. GishSupreme Court of Iowa · 1888
- Haydock v. PattonSupreme Court of Iowa · 1894
- Baker v. MillsSupreme Court of Iowa · 1899
- Johnson v. JohnsonSupreme Court of Iowa · 1924