Stuart v. Phelps
Supreme Court of Iowa
Appeal from Winneshiek Circuit Cou/rt. Plaintiff claims one thousand dollars for the alleged wrongful seizure and conversion of a quantity of corn grown upon-plaintiff’s premises by his tenant, John T. Jester, and upon which plaintiff held a chattel mortgage.
Read the full summary
Appeal from Winneshiek Circuit Cou/rt. Plaintiff claims one thousand dollars for the alleged wrongful seizure and conversion of a quantity of corn grown upon-plaintiff’s premises by his tenant, John T. Jester, and upon which plaintiff held a chattel mortgage. Defendant alleges that by virtue of an execution in his favor against John T. Jester, he seized the corn as the property of Jester, and lawfully sold the same under the levy so made; and that the plaintiff’s mortgage was without consideration, fraudulent, and void, and made to hinder and delay the creditors of John T. Jester. In a…
1Opinion of the Court
Day, J".
I. The first point made by appellant is that the verdict is not sustained by the evidence. It is urged that the amount actually secured by the mortgage does not exceed $350, and that this amount had been paid before the.levy of. the execution. The testimony shows that Jester was in the possession of the N. E. quarter of section 13, township 100, range 8, by virtue of a contract of purchase, and that the legal title was in one Atkinson. On the 1st day of April, 1870,' Jester sold this property, and 18 acres of land in Minnesota, to the plaintiff for $3,600, which plaintiff paid as…
2Cases cited1 opinion
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
3Cited by12 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
- In re StewartDistrict Court, N.D. New York · 1910
- Keirnan v. HeatonSupreme Court of Iowa · 1886
- Clement v. DuffySupreme Court of Iowa · 1880
7 more not listed; retrieve them via the Exa API.