West v. St. John
Supreme Court of Iowa
Appeal from Mitchell Oircioit Court. Action for the recovery of an undivided interest in certain stacks of grain. The plaintiff alleges that he is entitled to the possession of the property hy virtue of a contract with one David JPickel; that Pickel, being indebted to him in the ,. sum of $268, transferred said property to him to secure tlie payment of said debt, and with the agreement that the proceeds thereof, after deducting the expenses of threshing and marketing the…
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Appeal from Mitchell Oircioit Court. Action for the recovery of an undivided interest in certain stacks of grain. The plaintiff alleges that he is entitled to the possession of the property hy virtue of a contract with one David JPickel; that Pickel, being indebted to him in the ,. sum of $268, transferred said property to him to secure tlie payment of said debt, and with the agreement that the proceeds thereof, after deducting the expenses of threshing and marketing the grain, should be applied in payment of said debt; that this contract was oral, but that he took possession of the property…
1Opinion of the CourtReed, J.
1. Replevin: from: sheriff by purchaser of property levied on : notice: burden of proof. I. The evidence given on the trial tended to prove the contract between plaintiff and Piekel, substantially as it is alleged in the petition. It shows that the gram was raised by Picket on the farm on which he y and which he cultivated as a tenant. When the contract was made, a portion of the grain was not yet stacked, and it was agreed that Picket should finish the stacking; also, that he should protect the stacks from the cattle until plaintiff could thresh the grain. Plaintiff lived a mile and a half…
2Cited by6 opinions
- Dunham v. BentleySupreme Court of Iowa · 1897
- Weldon v. RogersCalifornia Supreme Court · 1910
- Whitaker v. TiedemannSupreme Court of Iowa · 1925
- Friyer v. McNaughtonMichigan Supreme Court · 1896
- Weaver v. StaceySupreme Court of Iowa · 1898
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