Smith v. Champney
Supreme Court of Iowa
Appeal from Ha/rrison District Cowrt. Action to replevy twelve acres of corn standing upon the land of one Hunt. The defendant is a constable, and a's such had levied an execution upon the corn to satisfy a judgment against Hunt. The plaintiff claims to be the owner by virtue of a purchase of the same from Hunt.
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Appeal from Ha/rrison District Cowrt. Action to replevy twelve acres of corn standing upon the land of one Hunt. The defendant is a constable, and a's such had levied an execution upon the corn to satisfy a judgment against Hunt. The plaintiff claims to be the owner by virtue of a purchase of the same from Hunt. The evidence shows that on the 1st day of October, 1877, the plaintiff entered into an oral agreement with Hunt whereby he was to cancel a small account due him from Hunt, pay a certain note due from Hunt, on which plaintiff was liable as surety, and in consideration thereof plaintiff…
1Opinion of the Court
Adams, J.:1t™ae£°cRange ot possession. Section 1923 of the Code provides that “no sale * * * of personal property, where the vendor * * * * retains actual possession, is valid against exfsffng creditors or subsequent purchasers without notice, unless a written instrument conveying the same is ■executed, acknowledged like conveyances of real estate, and filed for record.
To entitle the plaintiff to recover there must have been either ■an actual change of possession, or the levy must have been made with knowledge on the part of the defendant of the plaintiff’s purchase. There was no finding as…
2Cases cited3 opinions
- Flanagan v. WoodSupreme Court of Vermont · 1860
- Courtright v. LeonardSupreme Court of Iowa · 1860
- Lewis v. SwiftIllinois Supreme Court · 1870
3Cited by6 opinions
- Shepard v. FindleySupreme Court of Iowa · 1927
- King v. Wallace Bros.Supreme Court of Iowa · 1889
- Chong Yet You v. RoseHawaii Supreme Court · 1916
- Cable Co. v. MillerSupreme Court of Iowa · 1913
- Iowa State National Bank v. TaylorSupreme Court of Iowa · 1896
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