Beintema v. Van Zante
Supreme Court of Iowa
Appeal from Marion District Court. — H. S. Dugan, Judge. Aotion to recover damages for the alleged wrongful seizure and sale of a Ford touring car under a writ of execution by the sheriff, who ivas acting under the direction of the defendant herein. The opinion states the essential facts. Upon the conclusion of the testimony, plaintiff’s motion for a directed verdict Was sustained, and judgment was entered accordingly. Defendant appeals. —
1Opinion of the CourtDe G-Raee, J.
The plaintiff, alleges in his petition that he is the owner of a certain automobile by purchase from one J. F. Hesselink for the sum of $150, on or about the 1st day of February, 1922. On May 3, 1922, a judgment was entered in favor of the defendant herein against Hesselink; and ón May 29, 1922, by virtue of an execution issued under said judgment, the sheriff of Marion County, acting under the direction of the defendant, levied upon’ the Ford car, and later sold same. On the date of-the levy, plaintiff filed a sworn statement and claim of ownership of the car, and demanded its'release. For…
2Cases cited3 opinions
- Boothby v. BrownSupreme Court of Iowa · 1874
- Davenport v. PierceSupreme Court of Iowa · 1922
- Brown-Camp Hardware Co. v. HawthorneSupreme Court of Iowa · 1912
3Cited by2 opinions
- Union Bank & Trust Co. of Stanwood v. WilleySupreme Court of Iowa · 1946
- Sweetland v. Oakley State BankIdaho Supreme Court · 1925