Bigler v. Toy
Supreme Court of Iowa
Appeal from Bttena Vista Circuit Cou/rt. Action at law. The court directed the jury to find for the plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
The plaintiff held a chattel mortgage executed by H. Still & Co., and the defendant had a similar mortgage on the same property which was junior to the plaintiff’s mortgage. Certain creditors of Still & Co. caused the mortgaged property to be attached. The defendant brought an action to recover the property of the sheriff, and, having obtained possession, the defendant caused it to be sold *688under liis mortgage, and there was realized at said sale upwards of $200, after satisfying his debt and- all costs. To recover such excess is the object of this action. As a defense, the defendant pleaded…
2Cases cited2 opinions
- Clanton v. Des Moines, Osceola & Southern R'y Co.Supreme Court of Iowa · 1885
- Watkins & Williams v. SwiggettSupreme Court of Iowa · 1875
3Cited by17 opinions
- United States v. BeebeSupreme Court of the United States · 1901
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
- Heusinkveld v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1898
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