American Well Works v. Whinery
Supreme Court of Iowa
Appeal from Hardin District Court. — Hon. S. M. Weaver, Judge. The plaintiff commenced an action in attachment against the defendant Whinery. Certain personal property was attached. The defendants Chapin & Lundy intervened in the action, and claimed the property under chattel mortgages made by Whinery to them. There were demurrers to the petitions- of intervention, which demurrers were sustained, and the intervenors appeal.
1Opinion of the CourtRothrock, J.
— The demurrers are upon the ground that the description of the property in the chattel mortgages is so indefinite as that the instruments are void for uncertainty, and impart no notice to any one. It is, however, averred in the petitions of intervention that the attaching plaintiffs, at the time they caused the chattels to^be attached, had actual notice that the identical property attached was covered by the chattel mortgages, and that the intervenors had a lien thereon. It is conceded in argument by appellant that the mortgages did not impart constructive notice to the plaintiffs. The…
2Cases cited2 opinions
- Plano Manufacturing Co. v. GriffithSupreme Court of Iowa · 1888
- Clapp v. TrowbridgeSupreme Court of Iowa · 1888
3Cited by3 opinions
- Reinstein v. RobertsOregon Supreme Court · 1898
- Gammon v. BullSupreme Court of Iowa · 1892
- Wertheimer Degen v. ShulticeSupreme Court of Iowa · 1926