Root v. Schaffner
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. This is an action of replevin, brought by Dorinda Root to recover the possession of certain personal property claimed to belong to her, and which was levied on by the sheriff to satisfy an execution in favor of "Whitmore, Carter & Brown, and against A. M. Root and Daniel ITaskell, Jr. Daniel Haskell, Sr., intervened in the action, claiming the possession of the property by virtue of a chattel mortgage thereon executed by Dorinda Root.
Read the full summary
Appeal from Des Moines Circuit Court. This is an action of replevin, brought by Dorinda Root to recover the possession of certain personal property claimed to belong to her, and which was levied on by the sheriff to satisfy an execution in favor of "Whitmore, Carter & Brown, and against A. M. Root and Daniel ITaskell, Jr. Daniel Haskell, Sr., intervened in the action, claiming the possession of the property by virtue of a chattel mortgage thereon executed by Dorinda Root. There was a verdict and judgment for defendants. The plaintiff and the intervenor appeal.
1Opinion of the Court
Miller, On. J.
The judgment, on wliich the property in controversy was taken in execution, was rendered June 22, 1872. At that time, and up to December, 1872, the goods were owned by A. M. Root, the husband of plaintiff, and Louis Ripley, her brother, and kept in store No. 87, Jefferson street, in the city of- Burlington, their place of business at that time. In December, 1872, Dorinda Root purchased of her husband, A. M. Root, his interest in the goods, for $950. She continued the business with her brother until January, 1873, when she purchased his interest also, and she continued the…
2Cases cited1 opinion
- Gray v. EarlSupreme Court of Iowa · 1862
3Cited by5 opinions
- Ginsberg v. LindelCourt of Appeals for the Eighth Circuit · 1939
- Ambrose v. HackertSupreme Court of Iowa · 1950
- Hays v. MarshSupreme Court of Iowa · 1904
- United States v. FlemingDistrict Court, N.D. Iowa · 1946
- Tompkins v. Henderson & Co.Supreme Court of Alabama · 1887