Phelps v. Winters & Hill
Supreme Court of Iowa
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
- Gimble, Florshime & Co. v. FergusonSupreme Court of Iowa · 1882
- Treadway v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1866
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