City Bank v. Ratkey
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. John L. Stevens, Judge. Action to recover possession of thirty-seven head of steers, claimed by virtue of a chattel mortgage from L. M. Fisk & Son to plaintiff. Defendant answered, denying each and every allegation in the petition. Trial to a jury. Verdict and judgment for plaintiff.
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Appeal from Boone District Court. — Hon. John L. Stevens, Judge. Action to recover possession of thirty-seven head of steers, claimed by virtue of a chattel mortgage from L. M. Fisk & Son to plaintiff. Defendant answered, denying each and every allegation in the petition. Trial to a jury. Verdict and judgment for plaintiff. Defendant appeals, assigning as errors that the court erred in admitting evidence, in giving the third instruction to the jury, in overruling appellant’s motion for a new trial, and in rendering judgment for the plaintiff.
1Opinion of the CourtGiven, J.
i chattel descifptton of property, I. Appellant’s contention is that the' description of the property in the mortgage under which appellee claims is not such as the ' ^aw re(lAres in order to impart notice to third persons by. the record thereof. The rule is well established that if, from the description contained in the mortgage, the mind is directed to evidence whereby it may ascertain the precise thing conveyed, if thereby absolute certainty may be attained, the instrument is valid; otherwise it is void, as to third persons, for uncertainty. Everett v. Brown, 64 Iowa, *217422, and cases…
2Cases cited1 opinion
- Everett v. BrownSupreme Court of Iowa · 1884
3Cited by9 opinions
- Silver v. Wickfield Farms, Inc.Supreme Court of Iowa · 1929
- City Bank of Boone v. RadtkeSupreme Court of Iowa · 1893
- Watts v. First National BankSupreme Court of Oklahoma · 1899
- Haller v. ParrottSupreme Court of Iowa · 1891
- Teigen v. Occident Elevator Co.North Dakota Supreme Court · 1924
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