Newcomer v. Novak
Supreme Court of Iowa
Appeal from Jones District Court. — F. F. Dawley, Judge. Action iu equity to "foreclose a trust deed, executed April 21, 1913, and duly recorded, April 29, 1913, securing an issue of $25,000 of bonds of J. A. Green & Sons, a corporation. Tlie appellant, Novak, one of the defendants’ answered, claiming a superior lien upon a steam shovel and some dump cars owned by the corporation Green & Sons, which last-mentioned property was included in the trust deed.
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Appeal from Jones District Court. — F. F. Dawley, Judge. Action iu equity to "foreclose a trust deed, executed April 21, 1913, and duly recorded, April 29, 1913, securing an issue of $25,000 of bonds of J. A. Green & Sons, a corporation. Tlie appellant, Novak, one of the defendants’ answered, claiming a superior lien upon a steam shovel and some dump cars owned by the corporation Green & Sons, which last-mentioned property was included in the trust deed. Claim was that said property was sold and delivered to defendants Green & Sons under a sale contract, providing that the title to the…
1Opinion of the CourtPreston, J.
One of appellant’s contentions is that his contract is a mortgage, and not a conditional sale, and that Section 2905 of the Code does not apply. If it is a mortgage, plaintiff had no notice of it. A similar contract has been held to be a conditional sale. Among the cases so holding is Richards v. Schreiber, infra, at page 433. Appellee argues that whether the contract was a conditional sale con*649tract or a chattel mortgage is immaterial, for that Novak did not claim the property under either a conditional sale contract or a chattel mortgage, but obtained a geperal judgment against the defendant…
2Cases cited5 opinions
- Thompson v. HowardMichigan Supreme Court · 1875
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Richards v. Schreiber, Conchar & Westphal Co.Supreme Court of Iowa · 1896
- Whitney v. AbbottMassachusetts Supreme Judicial Court · 1906
- Buffalo Center Land & Investment Co. v. SwigartSupreme Court of Iowa · 1916
3Cited by4 opinions
- Murray v. McDonaldSupreme Court of Iowa · 1927
- Hamilton v. HendersonSupreme Court of Iowa · 1930
- United States v. AnthonyDistrict Court, S.D. Iowa · 1964
- McNabb v. BuntingSupreme Court of Iowa · 1929