Howard v. Burke
Supreme Court of Iowa
Appeal from Woodbury District Court. — George Jepson, Judge. Action in replevin to recover two swine under and by virtue of plaintiff’s chattel mortgage, and claiming that his chattel mortgage lien was superior to the claim of appellee for damages caused by trespassing animals. ■ The court found for the defendant, and the plaintiff appeals.
1Opinion of the CourtPreston, J.
The case was tried upon an agreed statement of facts, which was substantially this: The defendant, Burke, was the owner of farm lands upon which he resided and had certain crops during the year 1913; one Mark Howard, a son- of plaintiff, lived upon an adjoining farm, which he had leased from the owner thereof, one Wendell; and the said Mark owned certain hogs, which he kept upon the farm he had leased. During the season of 1913, these hogs came upon defendant’s land and were found thereon by defendant damage feasant, or destroying defendant’s crops. Defendant distrained two of said hogs and…
2Cases cited13 opinions
- Toledo, Delphos & Burlington Railroad v. HamiltonSupreme Court of the United States · 1890
- Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
- Des Moines Brick Manufacturing Co. v. SmithSupreme Court of Iowa · 1899
- Hunter v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1912
- Wright v. ShermanSouth Dakota Supreme Court · 1892
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3Cited by3 opinions
- Carlson-Lusk Hardware Co. v. KammannIdaho Supreme Court · 1924
- Clark v. DavisSupreme Court of Kansas · 1927
- Conklin v. LongAppellate Division of the Supreme Court of the State of New York · 1963