Scharfenburg v. Bishop
Supreme Court of Iowa
Appeal from Lee Ci/remt Cowrt. Action in replevin for the stock, fixtures, etc., in a mather business in Keokuk, of which the plaintiff claimed to be the absolute owner. The original defendant, who was the sheriff, denied the plaintiff’s allegations and claim, and set up a paramount lien and right under a writ of attachment and levy in favor of Page, Bro. & Co., against one P. A. Meurer, under whom the plaintiff claims.
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Appeal from Lee Ci/remt Cowrt. Action in replevin for the stock, fixtures, etc., in a mather business in Keokuk, of which the plaintiff claimed to be the absolute owner. The original defendant, who was the sheriff, denied the plaintiff’s allegations and claim, and set up a paramount lien and right under a writ of attachment and levy in favor of Page, Bro. & Co., against one P. A. Meurer, under whom the plaintiff claims. The attachment creditors were afterward made defendants. Upon a jury trial there was a verdict and judgment for plaintiff. The defendants appeal.
1Opinion of the CourtCole, J.
l. aoknowlficiencyof. I. After the jury was impaneled, and the trial commenced, the plaintiff offered in evidence the original mortgage made by P. A. Meurer to him of the property in controversy. The acknowledgment was as follows:
“Be it remembered that on the 7th day of December, 1869, before me, a notary public in and for said county, *62personally E. A. Meurer, to me personally known to be the identical person whose name is affixed to the foregoing mortgage as mortgagor, and acknowledged the same to be his voluntary act and deed.”
The mortgage had been recorded. The defendants objected to the…
2Cases cited7 opinions
- Allen v. McCallaSupreme Court of Iowa · 1868
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