Legal Opinion

Phelps v. Winters & Hill

Supreme Court of Iowa

Decided October 20, 1882PublishedCited by 2 opinions

Appeal from Cass District Court. This is a controversy between tlie plaintiff and W. H. Ap. plegate & Co. as to their right to priority as creditors of the defendants, Winters & Hill, in a certain balance of the proceeds of a stock of goods which were taken and sold on a chattel mortgage. There was a demurrer tq the petition of intervention of W. H. Applegate & Go., which was sustained, and they appeal.

1Opinion of the CourtBothrock, J.

Ifc appears that the stock of goods of Winter & Hill was in the possession of one Mullins, who was the sheriff of Cass county, and was held by him for the purpose of foreclosing a chattel mortgage thereon in favor of Butt & Milner. While the goods were thus in the hands of the sheriff, Applegate & Co. commenced an action in attachment before a justice of the peace against Winters & Hill, and the attachment was by the sheriff levied upon-the goods, subject to the chattel mortgage. The case proceeded to judgment, and special execution was issued and delivered to the sheriff, and he levied the…

2Cases cited2 opinions

  1. Gimble, Florshime & Co. v. FergusonSupreme Court of Iowa · 1882
  2. Treadway v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1866

3Cited by2 opinions

  1. Scott v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1988
  2. Scott v. WCAB (PKG. CORP. OF AMERICA)Commonwealth Court of Pennsylvania · 1988

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