Yant v. Harvey
Supreme Court of Iowa
Appeal from Polla Circuit Court. Action for an injunction to prevent the defendant from taking possession of a certain horse. Each party holds a chattel mortgage upon the horse. The question presented is as to which is paramount. The plaintiff’s mortgage was executed and recorded first, but the defendant claims that his mortgage is paramount, for the reason that he had no notice of the plaintiff’s mortgage neither actual nor constructive.
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Appeal from Polla Circuit Court. Action for an injunction to prevent the defendant from taking possession of a certain horse. Each party holds a chattel mortgage upon the horse. The question presented is as to which is paramount. The plaintiff’s mortgage was executed and recorded first, but the defendant claims that his mortgage is paramount, for the reason that he had no notice of the plaintiff’s mortgage neither actual nor constructive. The court found for the defendant, and dismissed the plaintiff’s petition, and she appeals.
1Opinion of the CourtRotiirook, J.
1. practice in courTPab-16 stiact. I. Other property was included in both of the mortgages, but this ajapeal involves the right to but one horse. The cause being an equitable one is triable anew in this court. Some question is made by appellee as -to whether all of the evidence is contained in the record. Counsel for appellee contend that the appellant’s abstract does not show that the trial judge made a certificate to the evidence as required by statute. The abstract recites that it is an abstract of all the evidence,' and that a certificate was made by the judge within the proper time.…
2Cases cited1 opinion
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
3Cited by22 opinions
- City National Bank v. Goodloe-McClelland Commission Co.Missouri Court of Appeals · 1902
- Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
- Muir v. BlakeSupreme Court of Iowa · 1882
- Wells v. WilcoxSupreme Court of Iowa · 1886
- Kenyon v. TramelSupreme Court of Iowa · 1886
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