Lufkin v. Preston
Supreme Court of Iowa
Appeal from, Jasper Circuit Court. This is an action of replevin wherein the plaintiffs seek to recover of the defendants a certain quantity of corn. The corn was raised by certain tenants upon premises of one Morris. There were'written contracts of lease between Morris and the tenants by which Morris was to have as rent one-half of tlie crop in tbe field at harvest time. Tbe leases were executed in February, 1877, for that year.
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Appeal from, Jasper Circuit Court. This is an action of replevin wherein the plaintiffs seek to recover of the defendants a certain quantity of corn. The corn was raised by certain tenants upon premises of one Morris. There were'written contracts of lease between Morris and the tenants by which Morris was to have as rent one-half of tlie crop in tbe field at harvest time. Tbe leases were executed in February, 1877, for that year. Shortly after these leases were made Morris assigned tliem by writings on the back thereof to'tlie plaintiff herein. The defendant recovered a judgment against…
1Opinion of the CourtRothbock, J.
1. reecjsvin : notice. ’ I. The plaintiff offered upon the trial to-prove by J. W. Butler, the justice of the peace who issued the execution, that at the time the execution was issued, and before any levy was made, the defendant and the constable were both advised that the corn in question belonged to the plaintiffs. Objection was made to this evidence and the objection was sustained. In this we think the court erred. As there could be no actual manual delivery, and a visible change of possession of the growing corn, it was a material question as to whether the defendant as a creditor of…
2Cases cited1 opinion
- Knapp v. IsenbergerSupreme Court of Iowa · 1877
3Cited by5 opinions
- Whiteside v. MorrisSupreme Court of Iowa · 1924
- Riddle v. DowSupreme Court of Iowa · 1896
- Pitts v. Exchange National BankSupreme Court of Kansas · 1925
- Lufkin & Wilson v. PrestonSupreme Court of Iowa · 1881
- Keim v. MyersIndiana Court of Appeals · 1909