Eggert v. White
Supreme Court of Iowa
Appeal from Hardin- District. Court. The defendant, White, commenced an action to foreclose a mortgage executed to liim by one Griggs, on certain real estate. The defendant, Miller, on the application of White, was appointed a receiver to take charge of certain crops growing on the mortgaged premises. The plaintiffs intervened in said action, claiming they were entitled to the possession of said crops under a chattel mortgage executed to them.
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Appeal from Hardin- District. Court. The defendant, White, commenced an action to foreclose a mortgage executed to liim by one Griggs, on certain real estate. The defendant, Miller, on the application of White, was appointed a receiver to take charge of certain crops growing on the mortgaged premises. The plaintiffs intervened in said action, claiming they were entitled to the possession of said crops under a chattel mortgage executed to them. The receiver took possession, of the crops harvested, sold the same, and paid the net proceeds to White. From the order appointing the receiver there…
1Opinion of the Court
Seevers, Oh. J.
i. chattel reeoveryof property unI. The right of the plaintiff to recover is based on the chattel mortgage executed by Griggs. In addition to a general denial, several special defenses were pleaded. The general denial put in issue sufficiency .of the mortgage. If the plaintiffs did not have a valid and sufficient mortgage on the crops,, they cannot recover, no matter whether the defendants had any title or right thereto. The plaintiff must recover on the case made in the petition and on the strength of his own title, and not on the weakness of the defendants7 title. If the…
2Cases cited4 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Yant v. HarveySupreme Court of Iowa · 1880
- Pennington v. JonesSupreme Court of Iowa · 1881
- Haslem v. LockwoodSupreme Court of Connecticut · 1871
3Cited by11 opinions
- Hall v. GlassCalifornia Supreme Court · 1899
- McConnell v. LangdonIdaho Supreme Court · 1891
- Barr v. CannonSupreme Court of Iowa · 1886
- Castle v. GleasonSouth Dakota Supreme Court · 1913
- Merchants' National Bank v. MannNorth Dakota Supreme Court · 1892
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