Boothby v. Brown
Supreme Court of Iowa
' Ajypeal.from Blaclchawh District Court. AotioN of replevin to recover the possession of certain personal property under a claim' of ownership) by plaintiffs. Defendant, being a sheriff, bad seized the property on a.n attachment against Nicholson & McOrea, and alleges in bis’ answer that it was their property and subject to seizure theron. There was a verdict and judgment for defendant; plaintiff appeals. Other facts in the case are stated in the opinion.
1Opinion of the CourtBeck, J.
I. Plaintiffs proved the purchase of the property by them from a party who held title by purchase from the execution defendants. These transfers were not evidenced by written instruments duly acknowledged and recorded. The plaintiffs introduced evidence tending to establish a delivery' of the property to plaintiffs, and that it had passed into their actual possession.
The court instructed the jury in the language of Revision, Section 2201, Code, Section 1923, which is to the effect that 1 sale of properly: posselsion: recoi a. no sa^e °** Property, where the vendor retains actual possession,…
2Cases cited2 opinions
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Allison v. BarrettSupreme Court of Iowa · 1864
3Cited by18 opinions
- In Re Western Iowa Limestone, Inc.Court of Appeals for the Eighth Circuit · 2008
- Shepard v. FindleySupreme Court of Iowa · 1927
- Martin Bros. & Co. v. LesanSupreme Court of Iowa · 1906
- Bacon & Co. v. ThompsonSupreme Court of Iowa · 1882
- Sutton v. BallouSupreme Court of Iowa · 1877
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