Legal Opinion

Dowie v. Christen

Supreme Court of Iowa

Decided January 24, 1902PublishedCited by 2 opinions

Appeal from Winnesheik District Court. — Hon. L. E. Fellows, Judge. Action in equity to set aside a sale made by defendant, as sheriff, under a chattel mortgage on a stock of jewelry given by plaintiff to Benjamin Allen & Co. Decree dismissing plaintiff’s petition for want of equity. Plaintiff appeals.

1Opinion of the CourtMcClain, J.

1 2 *3663 *365The principal complaint with reference-to the sale is on account of excessive charges, and'the merit of this complaint depends on the question whether the sale was conducted by the sheriff as the agent of mortgagees, or was a sale under statutory provisions for foreclosure of chattel mortgages; if the former, then the question as to the reasonableness of the charges for expenses incident to such sale arises; if the latter, then, no doubt, the charges should be limited to such fees as are authorized in the case of sale by the sheriff under execution, as provided in Code, section 4277. It…

2Cases cited4 opinions

  1. State v. GarbroskiSupreme Court of Iowa · 1900
  2. Doane & Co. v. GarretsonSupreme Court of Iowa · 1868
  3. Myers, Tice & Co. v. SnyderSupreme Court of Iowa · 1895
  4. Brody v. CohenSupreme Court of Iowa · 1898

3Cited by2 opinions

  1. Staber v. CollinsSupreme Court of Iowa · 1904
  2. J. I. Case Threshing Machine Co. v. Van VorsSupreme Court of Iowa · 1920

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