Legal Opinion

Everett v. Brown

Supreme Court of Iowa

Decided October 8, 1884PublishedCited by 13 opinions

Appeal from' Polh Circuit Court. .Action upon a bond given to discharge property seized under a writ -of- attachment. The cause was tried to the court without a jury, and judgment rendered for defendant. Plaintiff appeals.

1Opinion of the CourtBeck, J.

I. As a defense to the action, defendants pleaded that the principal in the bond was the owner of the property seized under the attachment, by virtue of a chattel mortgage before executed to him by the defendant in attachment. The case was determined upon the issue raised by this defense. The coiirt found specially the execution and recording of the chattel mortgage, in which the property intended to be conveyed is described in the following language: “ Eleven head of cattle, as follows: one cow, nearly all red, a little white; one red heifer; one white and red heifer; one black and white…

2Cases cited2 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. Rowley v. BartholemewSupreme Court of Iowa · 1873

3Cited by13 opinions

  1. M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
  2. Lawrence v. McKenzieSupreme Court of Iowa · 1893
  3. Warner v. WilsonSupreme Court of Iowa · 1887
  4. Williamson v. PayneSupreme Court of Virginia · 1905
  5. Westinghouse Co. v. McGrathSupreme Court of Iowa · 1906

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