Nuckolls v. Pence
Supreme Court of Iowa
Appeal from IA/nn District Goxirt. Action of replevin for seventy acres of corn in the field, upon which defendant as a constable levied an execution, issued upon .a judgment against one Moorekouse. Plaintiff' claims the corn as his property. There was a trial to the court without a jury, and a judgment for defendant; plaintiff appeals.
1Opinion of the Court
Beck, Ch. J.
1. saxe: possession: notice. The corn involved in this suit was raised by Moorehouse upon his own farm, as we understand the abstract. Ue so^ ^ to l-Jaintiff in July. Prior to the levy plaintiff had cut up some of the corn and fed it to his stock. lie made his home with Moorehouse, ' and kept his stock on the farm. He testifies that he had paid for the corn before the levy. There was no visible change in the possession of the corn after the purchase, and defendant and the plaintiff in execution had no notice of the sale.
Code, section 1923, provides as follows: “No sale or mortgage…
2Cases cited2 opinions
- Boothby v. BrownSupreme Court of Iowa · 1874
- Hickok v. BuellSupreme Court of Iowa · 1879
3Cited by4 opinions
- Shepard v. FindleySupreme Court of Iowa · 1927
- Iowa State National Bank v. TaylorSupreme Court of Iowa · 1896
- Harris v. PenceSupreme Court of Iowa · 1895
- In re SullivanDistrict Court, N.D. Iowa · 1906