McCoy v. Hock
Supreme Court of Iowa
Appeal from Fremont District Oowrt. Friday, October 24. Replevin for a herd of cattle. The answer sets out as a defense the facts that, under a contract with plaintiff’s assignor, the defendant wintered the cattle, and that he holds a lien thereon until payment of his charges be made. Trial to the court without a jury. Judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Beck, Ch. J.
The contract under which the cattle were wintered by defendant is in writing. After certain covenants it closes by expressing the sum defendant is to receive, and provides that the amount shall be paid “ before moving the cattle ” from defendant’s farm. The court below upon the trial held thatthe contract did not give the defendant a lien on the cattle ' * ***** and that plaintiff had the right to maintain this action to get possession of the cattle without *437paying defendant for feeding and wintering them according to the contract,” and thereupon decided in favor of plaintiff.
The…
2Cited by1 opinion
- Othoudt v. Addison Fur Corp.Michigan Supreme Court · 1933