Danforth v. Harlow
Supreme Court of Iowa
Appeal from, Monona District Court. — Hon. C. IT. Lewis, Judge. This is an action of replevin for twenty hogs. The plaintiff: claims the property by virtue of two chattel mortgages upon the same. The defendant is a constable, and seized the. hogs upon execution on a judgment against one Grlenn. There was a demurrer to the petition, which was overruled, and defendant appeals.. .
1Opinion of the CourtRothrock, J.
— The ground of the demurrer is that it is not averred in the petition that the plaintiff gave the defendant notice in writing of his claim of ownership of the property before the commencement of the action. Section 3055 of the Code requires that such notice must be given to the officer who holds property by a levy of an execution or attachment, and we have held that the notice must be given, even though the plaintiff claims the property by virtue of a chattel mortgage. Peterson v. Espeset, 48 Iowa, 262; Gray v. Parker, 53 Iowa, 505. It appears from the argument of appellant that it was…
2Cases cited3 opinions
- Hibbard, Spencer, Bartlett & Co. v. ZenorSupreme Court of Iowa · 1888
- Gray v. ParkerSupreme Court of Iowa · 1880
- Peterson v. EspesetSupreme Court of Iowa · 1878