Legal Opinion

Martin Bros. & Co. v. Lesan

Supreme Court of Iowa

Decided February 9, 1906PublishedCited by 9 opinions

Appeal from Ringgold District Court. — =IIow. H. M. Towner, Judge. Originally this was an action of replevin to recover the possession of 105 head of steers from the defendant, Lesan. In that action the Bowles Live Stock Commission. Company intervened, and claimed a right to the property under a mortgage executed to it by defendant, Lesan.

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Appeal from Ringgold District Court. — =IIow. H. M. Towner, Judge. Originally this was an action of replevin to recover the possession of 105 head of steers from the defendant, Lesan. In that action the Bowles Live Stock Commission. Company intervened, and claimed a right to the property under a mortgage executed to it by defendant, Lesan. Plaintiff bases its right to possession on a chattel mortgage executed'by one Walter Edie, who, it is claimed both by defendant and intervener, had no authority to execute the same, for the reason that he never had any title to the property. Edie’s title is…

1Opinion of the CourtDeemer, J.

Tbe firm of Lesan & Dunning, composed of G. F. Lesan and Day Dunning, was engaged in the business of buying, raising, feeding, and selling cattle in Missouri and Iowa. On February 6, 1903, this firm borrowed something like $3,100 of intervener, and as security therefor Lesan made a mortgage on one hundred and five head of cattle belonging to his firm to the intervener; the cattle being described as follows: “ Seventy-five head of three year old steers; thirty head of two year old steers. Ahoye cattle are colors, are all natives, all dehorned, branded with ‘ L ’ on right hip, which is now or…

2Cases cited8 opinions

  1. Welch v. SpiesSupreme Court of Iowa · 1897
  2. Boothby v. BrownSupreme Court of Iowa · 1874
  3. Courtright v. LeonardSupreme Court of Iowa · 1860
  4. Snyder v. TibbalsSupreme Court of Iowa · 1871
  5. Cook v. LoganSupreme Court of Iowa · 1858

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Loranz & Co. v. SmithSupreme Court of Iowa · 1927
  2. Albert Pick & Co. v. WilsonCourt of Appeals for the Eighth Circuit · 1927
  3. Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
  4. Rhea Mortgage Co. v. LemmermanTexas Commission of Appeals · 1928
  5. In Re Pointer Brewing Co.Court of Appeals for the Eighth Circuit · 1939

4 more not listed; retrieve them via the Exa API.

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