Read v. Middleton
Supreme Court of Iowa
Appeal from Harrison District Court. This is an action of replevin, by which it was sought to recover an undivided half of twenty acres of growing corn. There was a demurrer to the petition, which was overruled, and defendant appeals.
1Opinion of the CourtRothrock, J.
It apears from the allegations of the petition that, on the eighth day of June, 1881, an execution was issued on a judgment against P. E. Cromer. Said execution was levied upon an undivided half of twenty acres of gfow-*318ing corn, and the same was advertised to be sold on the sixth day of August, 1881. On the eleventh day of July, 1881, Cromer made a chattel mortgage on the corn to the plaintiff. This action was brought to recover the corn .from the sheriff. Among other grounds of demurrer, it is claimed that the action of replevin will not lie for an undivided interest in a growing crop of…
2Cases cited4 opinions
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
- Young v. MilesWisconsin Supreme Court · 1866
- Jones v. DodgeSupreme Court of Missouri · 1875
3Cited by4 opinions
- Ellingboe v. BrakkenSupreme Court of Minnesota · 1886
- FIRST NATIONAL BANK IN ORD v. MorganNebraska Supreme Court · 1961
- Grimes v. CannellNebraska Supreme Court · 1888
- Lyons v. ShearmanSupreme Court of Iowa · 1954