Rowley v. Bartholemew
Supreme Court of Iowa
Appeal from Polk Cvrouit Cov/rt. Wednesday, October 22. Action of replevin, for one mare, originally brought before a justice of the peace. On appeal, in the circuit court, the cause was tried to the court, who found for defendant, and rendered judgment accordingly. The plaintiff appeals.
1Opinion of the CourtCole, J.
Both parties claim the right to the possession of the mare, under mortgages executed by the same person. Plaintiff’s mortgage was executed December 15, 1871, and described the property as follows: “ All my right, title and interest in and to one chestnut mare, with a bald face and white feet; aged about six years.”
Defendant’s mortgage was executed December 6, 1871, and duly recorded the next day, and described the property as follows : “ One sorrel mare, between five and six years old, with white spot on her face, and four white legs.”
The testimony shows that the mortgagor owned two mares,…
2Cases cited1 opinion
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
3Cited by8 opinions
- Ormsby Bros. v. NolanSupreme Court of Iowa · 1886
- Everett v. BrownSupreme Court of Iowa · 1884
- Adams v. Commercial National BankSupreme Court of Iowa · 1880
- King v. HowellSupreme Court of Iowa · 1895
- Colean Implement Co. v. StrongSupreme Court of Iowa · 1905
3 more not listed; retrieve them via the Exa API.