McNorton v. Akers
Supreme Court of Iowa
Appeal from Johnson District Court. Action of replevin for a stock of dry goods and groceries. They were levied uj)on by the defendant as the property of W. H. Nicholas, under eighteen attachments, issued at the suit of that number of creditors of said Nicholas.
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Appeal from Johnson District Court. Action of replevin for a stock of dry goods and groceries. They were levied uj)on by the defendant as the property of W. H. Nicholas, under eighteen attachments, issued at the suit of that number of creditors of said Nicholas. The plaintiff, in his petition, claimed the property as agent of the mortgagees under three mortgages, executed by said Nicholas, to secure the payment of certain loans made by him of other parties; and also as purchaser of the property from Nicholas, subject to such mortgages. The defendant claimed, that the sale to plaintiff was…
1Opinion of the CourtCole, J.
1. replevin: agSit!pal ana The transcript in this case is unusually voluminous, and counsel have presented and argued a large number of points. We shall only notice those which we deem material, and the dispo*371sition of which will settle the substantial rights of the parties in this case.
I. The plaintiff was in possession of the property in controversy at the time the defendant,'as sheriff, levied upon it by virtue of the several writs of attachment. In the petition he claims the right to be restored to the possession, of which he had been deprived under the levy of the attachments, by reason…
2Cited by9 opinions
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Pease v. DittoIllinois Supreme Court · 1901
- Rowell v. WilliamsSupreme Court of Iowa · 1870
- Lillie v. McMillanSupreme Court of Iowa · 1879
- Craig v. FowlerSupreme Court of Iowa · 1882
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