Thatcher v. Union Scale Co.
Supreme Court of Iowa
Appeal from Wayne District Court. — Hon. R. C. Henry, Judge. Action in chancery, to enjoin the sale of a railroad scale upon a chattel mortgage to defendant. After a trial on the merits, a decree was rendered granting the ' relief prayed for by plaintiffs. Defendant appeals.
1Opinion of the CourtBeck, J.
I. The undisputed facts of the case are these: The plaintiffs, on February 28, 1885, leased to T. A. Hill certain lands, and the right to mine coal thereon. The lease, among other conditions, provides that the lessee “ shall advance the money needed to put in scales, * * * and to recover the same by withholding one-third of the gross royalty accruing until the debt is discharged.” March 5, 1885, Hill purchased of defendant the scales in controversy, upon an order in which he stipulates that defendant shall not *118relinquish its title to the scales until they are fully paid for. On the…
2Cited by1 opinion
- Wishard v. McNeillSupreme Court of Iowa · 1892