Mitchell v. McLeod
Supreme Court of Iowa
Appeal from Ida District Court. —■ HoN. Z. A. Ohuech, Judge. Action to recover tbe possession of • two windmills, wbicb are claimed by plaintiff as pledgee of tbe property from one Somme. Defendant McLeod claims to bave levied upon and sold tbe property under an execution issued in an action brought by defendant Noble against Somme. The case was tried to a jury, and at the conclusion of the evidence •the trial court sustained defendants’ motion for a directed verdict.
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Appeal from Ida District Court. —■ HoN. Z. A. Ohuech, Judge. Action to recover tbe possession of • two windmills, wbicb are claimed by plaintiff as pledgee of tbe property from one Somme. Defendant McLeod claims to bave levied upon and sold tbe property under an execution issued in an action brought by defendant Noble against Somme. The case was tried to a jury, and at the conclusion of the evidence •the trial court sustained defendants’ motion for a directed verdict. Plaintiff appeals.
1Opinion of the Court
DeeMee, J. -
The motion to direct was based upon seven grounds, the material ones of which were as follows: (1) That plaintiff did not show his right to the possession of the property; (2) that he was estopped from asserting any such right; (3) that Somme was the owner of, and entitled to the possession of the windmills at the time they were levied upon by the defendant sheriff; (4) that plaintiff failed to identify the property; and (5) that plaintiff cannot maintain an action of replevin against the sheriff, for the reason that he (the sheriff) did not have the property in his possession at…
2Cases cited8 opinions
- Linden v. GreenSupreme Court of Iowa · 1890
- Waterhouse v. BlackSupreme Court of Iowa · 1893
- Hardy v. MooreSupreme Court of Iowa · 1883
- Bradley v. MillerSupreme Court of Iowa · 1896
- Ayres, Weatherwax & Reed Co. v. Dorsey Produce Co.Supreme Court of Iowa · 1897
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3Cited by5 opinions
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- Steber v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1908
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- McFarlane v. DickSupreme Court of Iowa · 1909