Congregational Society v. Fleming
Supreme Court of Iowa
Appeal from Dubuque District Court. Defendant is the marshal of Dubuque City. By virtue of an execution issued from the Dubuque City Court against plaintiff, he levied upon a bell and clapper, and took the same into his possession. Plaintiff brings this action of replevin, claiming that the property is exempt from execution.
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Appeal from Dubuque District Court. Defendant is the marshal of Dubuque City. By virtue of an execution issued from the Dubuque City Court against plaintiff, he levied upon a bell and clapper, and took the same into his possession. Plaintiff brings this action of replevin, claiming that the property is exempt from execution. It seems that the bell had been used in the belfry of the old church of the society; that the old building was sold, reserving the bell; that a new church edifice was erected, with the necessary tower for the bell; that the bell with the frame-work was removed from the…
1Opinion of the CourtWright, J.
When a party has, by his own tortious act, severed an article from the realty, which but for such severance would be real property, replevin will lie for its recovery. Such act, however, will not have the effect of making the property liable to execution, if it was before exempt. The only question in this case, then, is whether the property in controversy was, at the time of the seizure by defendant, exempt from execution. And it is admitted that it was so exempt, if it was so attached as to constitute and become a part of the realty.
The general rule is as stated by appellant and found in Am.…
2Cited by8 opinions
- Thomson v. SmithSupreme Court of Iowa · 1900
- Central Branch Railroad v. FritzSupreme Court of Kansas · 1878
- Patton v. MooreWest Virginia Supreme Court · 1880
- Rahm v. DomayerSupreme Court of Iowa · 1908
- Brooks v. RogersSupreme Court of Alabama · 1893
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