Rindskoff Bros. v. Lyman
Supreme Court of Iowa
Appeal from Lucas District Court. The plaintiffs filed, June 2d, 1862,- their petition inreplevin, claiming certain personal property, by virtue of-a recorded mortgage thereof, made by one Gibbon, dated1 March 12th, 1862. Defendant, as sheriff, claimed the property, by virtue of levies under executions against Gibbon.
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Appeal from Lucas District Court. The plaintiffs filed, June 2d, 1862,- their petition inreplevin, claiming certain personal property, by virtue of-a recorded mortgage thereof, made by one Gibbon, dated1 March 12th, 1862. Defendant, as sheriff, claimed the property, by virtue of levies under executions against Gibbon. The plaintiffs’ mortgage contained, inter-alia, a provision giving Gibbon (the mortgagor) “the possession of the1 said' property- until the first day of June, 1864.” Jury trial. A bill of exceptions shows that certain instructions.'asked by' plaintiffs were-refused, to which…
1Opinion of the CourtDillon, J.
I. From the brief statement of the case' above given,-it will be seen that the question on the merits1 *262is an interesting, and so far as we are aware, is in this State an undecided one. But it is the first duty of this Court to' see whether this question is duly and properly presented to it by the record.
The appellants excepted to the alleged erroneous instructions at the time, and now the precise question is, can this Court review those instructions, they never having been made the basis of an application for a new trial in the court which gave them? This question must be answered by a…
2Cases cited8 opinions
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