Legal Opinion

Case & Co. v. Woleben

Supreme Court of Iowa

Decided December 3, 1879PublishedCited by 1 opinion

Appeal from Winneshiek Distriet Court. Action to replevy two horses. The plaintiffs claim the property by virtue of a chattel mortgage executed to them by Thomas Welsh and Wm. Welsh, jr., interveners. The defendant Woleben claims to hold it as constable.- Sometime previous to the commencemeut of this action the defendant 'Tuttle obtained a judgment against one Wm. Welsh, sen., father of the interveners, Thomas Welsh and Wm.

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Appeal from Winneshiek Distriet Court. Action to replevy two horses. The plaintiffs claim the property by virtue of a chattel mortgage executed to them by Thomas Welsh and Wm. Welsh, jr., interveners. The defendant Woleben claims to hold it as constable.- Sometime previous to the commencemeut of this action the defendant 'Tuttle obtained a judgment against one Wm. Welsh, sen., father of the interveners, Thomas Welsh and Wm. Welsh, jr. An execution was issued upon the judgment and levied by the defendant Woleben, as constable, upon the liorses in question. Thomas Welsh, claiming to be the…

1Opinion of the CourtAdams, J.

1. mortgage: [nS'beíore i:.sue joined. — It is claimed by the appellees that at the time Thomas Welsh and William Welsh, jr., executed the mortgage to ^ie plaintiffs there had been an adjudication ag'a>Hst the mortgagors and in favor of Woleben w]iereby it was adjudged that the right of possession was in him. The adjudication relied upon is the order of return. The appellees cite Marshall v. Bunker, 40 Iowa, 121. The most that could be claimed for that case-is that where issue involving the right of property is joined in an action of replevin, and the plaintiff dismisses his action, the…

2Cases cited1 opinion

  1. Marshall v. BunkerSupreme Court of Iowa · 1874

3Cited by1 opinion

  1. Calnan v. SternMassachusetts Supreme Judicial Court · 1891

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