Goodrich v. Munger
Supreme Court of Iowa
Appeal from Black Hawk Circuit Court. This was an action of replevin in which the plaintiff claimed the possession of a certain black mare. The petition alleges that plaintiff acquired the ownership of the mare by purchase from John W. Hunger; that the defendants wrongfully detained the mare by virtue of a pretended chattel mortgage, made to Rachael J. Hunger, by John 'W'., her-husband.
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Appeal from Black Hawk Circuit Court. This was an action of replevin in which the plaintiff claimed the possession of a certain black mare. The petition alleges that plaintiff acquired the ownership of the mare by purchase from John W. Hunger; that the defendants wrongfully detained the mare by virtue of a pretended chattel mortgage, made to Rachael J. Hunger, by John 'W'., her-husband. The defendants answered, alleging in the second count of their answer, that while John W. -Hunger was the owner of the mare in question, he, for a valuable consideration, executed and delivered to Rachael J.…
1Opinion of the CourtMiller, J.
The question raised by the demurrer is, whether where the husband executes to his wife a chattel mortgage of personal property, and remains in possession. in pursuance with the terms of the mortgage until default, the wifé’s interest is protected against a third party purchasing from the husband, by the recording of the mortgage without recording the notice prescribed in section 2502 of the Revision of 1860.
The court below in sustaining the demurrer held that her interest was not protected. ~We think otherwise. Personal property owned by the wife, in the control of her husband, will, in favor…
2Cases cited3 opinions
- Smith v. HewettSupreme Court of Iowa · 1862
- Pierson v. HeiseySupreme Court of Iowa · 1865
- Odell v. Lee & KinnardSupreme Court of Iowa · 1863