Legal Opinion

Warder, Mitchell & Co. v. Hoover & Co.

Supreme Court of Iowa

Decided June 14, 1879PublishedCited by 4 opinions

Appeal from Scott Circuit Cou/rt. Action to replevy certain agricultural machinery. The defendant Leonard, as sheriff, had seized the same under execution, upon a judgment in favor of the defendants Hoover & Co., and against bne M. L. Hurd. There was a trial by the court and finding that the property belonged to the plaintiffs, but that no notice of their claim of ownership had been served upon the sheriff.

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Appeal from Scott Circuit Cou/rt. Action to replevy certain agricultural machinery. The defendant Leonard, as sheriff, had seized the same under execution, upon a judgment in favor of the defendants Hoover & Co., and against bne M. L. Hurd. There was a trial by the court and finding that the property belonged to the plaintiffs, but that no notice of their claim of ownership had been served upon the sheriff. Judgment was accordingly rendered in their favor for the property, but against them for the costs. The defendants appeal.

1Opinion of the CourtAdams, J.

1. KEPLEVIIf: Jw-auara’ . to give. — The defendants insist, in the first place, that the court should have rendered judgment against the plaintiffs for the property, without regard to the ownership, and solely by reason of a want of notice 0f a efafm 0f ownership. Upon this point we have to say that a .want of notice would have been a com*492píete defense if the defendants had insisted upon it at the proper time and in the proper manner. Kaster & Farwell v. Pease, 42 Iowa, 488; Finch v. Hollinger, 43 Iowa, 598. But it appears that, while no notice was averred by plaintiffs in their petition, the…

2Cases cited3 opinions

  1. Conable v. LynchSupreme Court of Iowa · 1876
  2. Kaster v. PeaseSupreme Court of Iowa · 1876
  3. Finch v. HollingerSupreme Court of Iowa · 1876

3Cited by4 opinions

  1. Norwegian Plow Co. v. ClarkSupreme Court of Iowa · 1897
  2. Hadfield v. BerryAppellate Court of Illinois · 1888
  3. Neal, Morse & Co. v. BogganSupreme Court of Alabama · 1892
  4. Butterick Publishing Co. v. BaileySupreme Court of Iowa · 1898

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