Weaver v. Kintzley
Supreme Court of Iowa
Appeal from, Boone District Court. The petition sets forth, in substance, that the plaintiff purchased a stock of drugs of the defendant, and executed to him a chattel mortgage thereon for a balance of $750 of the' purchase-money, which became due in installments; that being unable to pay the said installments -as they became due, the defendant, by the sheriff of the county, took possession of said goods, and that afterwards, the defendant fraudulently, and with intent to…
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Appeal from, Boone District Court. The petition sets forth, in substance, that the plaintiff purchased a stock of drugs of the defendant, and executed to him a chattel mortgage thereon for a balance of $750 of the' purchase-money, which became due in installments; that being unable to pay the said installments -as they became due, the defendant, by the sheriff of the county, took possession of said goods, and that afterwards, the defendant fraudulently, and with intent to deprive plaintiff thereof, converted the same to his own nse by selling them to certain parties; that the said goods, at…
1Opinion of the CourtRothrook, J.
1. FRAUDULENT sale: pleading: practice. I. Counsel for appellant say that “this case presents the question, whether, when a sale of chattels has been made under the power contained in a mortgage, the mortgagors can go into a court of law and- have a jury determine the question of the irregularities in the sale, and give their verdict for the excess of the value over the debt.”
*193Whether this can be done, or not, is probably dependent somewhat upon the facts, as to the condition of the property when the action is commenced. If it be in the hands of an innocent purchaser, so that an equitable…
2Cases cited1 opinion
- Hatch v. JuddSupreme Court of Iowa · 1870
3Cited by7 opinions
- Newman v. Covenant Mutual Insurance Ass'nSupreme Court of Iowa · 1888
- Union Pac. Ry. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1894
- P. Cox Shoe Co. v. AdamsSupreme Court of Iowa · 1898
- Lough v. City of EsthervilleSupreme Court of Iowa · 1904
- Anglo-American Land, Mortgage & Agency Co. v. BushSupreme Court of Iowa · 1892
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