Rees v. Leech
Supreme Court of Iowa
Appeal from Lee District Court. The plaintiff brought her action of replevin to obtain the possession of certain property taken by defendant Leech, as sheriff, to satisfy an execution in favor of the defendant Graham against the “Keokuk Post Company.” The plaintiff in her petition claimed that she was the owner of the property levied upon by the sheriff, entitled to the immediate possession thereof, and that the same was wrongfully detained by the defendants.
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Appeal from Lee District Court. The plaintiff brought her action of replevin to obtain the possession of certain property taken by defendant Leech, as sheriff, to satisfy an execution in favor of the defendant Graham against the “Keokuk Post Company.” The plaintiff in her petition claimed that she was the owner of the property levied upon by the sheriff, entitled to the immediate possession thereof, and that the same was wrongfully detained by the defendants. The defendants in their answer merely take issue upon the allegations of the petition by denying the wrongful detention, the ownership…
1Opinion of the CourtBaldwin, J.
We do not regard it as necessary for this court to pass upon the question mainly relied upon by the *441appellants, to-wit, whether under the pleadings prior to the amendment, no fraud haying been alleged, the defendants had a right to show that the plaintiff’s title to the property was obtained through fraud.
When the defendants asked permission of the court to amend their answer, they submitted to the ruling of the court and thereby waived their objections to such ruling by pleading over. Had the defendants stood by their pleadings, and excepted to the ruling of the court, the question relied on…
2Cited by1 opinion
- Mansfield v. WilkersonSupreme Court of Iowa · 1868