Legal Opinion

Jaffray & Co. v. Thompson

Supreme Court of Iowa

Decided December 9, 1884PublishedCited by 16 opinions

Appeal from O'Brien Oireuit Oourt. Action in replevin. The property in question consisted of a stock of agricultural implements kept for trade by the firm of Teabout & Yalleau, who were doing business as merchants in the town of Sanborn, O’Brien county. On the twenty-ninth day of April, 1881, the defendant, Thompson, as a creditor of Teabout & Yalleau, caused a writ of attachment to be levied upon the stock.

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Appeal from O'Brien Oireuit Oourt. Action in replevin. The property in question consisted of a stock of agricultural implements kept for trade by the firm of Teabout & Yalleau, who were doing business as merchants in the town of Sanborn, O’Brien county. On the twenty-ninth day of April, 1881, the defendant, Thompson, as a creditor of Teabout & Yalleau, caused a writ of attachment to be levied upon the stock. The plaintiffs aver that, at the time of such levy, they were creditors of Teabout & Yalleau, and held a mortgage upon the stock. There was a trial without a jury, and judgment was…

1Opinion of the CourtAdams, J.

The defendant’s position is that there is no proper evidence that the plaintiffs had any mortgage upon the stock at the time of the levy, and, even if they had, that evidence shows that the levy was made without notice to defendant of the mortgage. It is certain that the plaintiffs had no mortgage of record at the time of levy, but they claim that the evidence shows that they had a mortgage, and were in possession under it, and, what is more, that the officer who made the levy was expressly notified that they had such mortgage before he made the levy.

i. appeal to court from tuumnce. I. The…

2Cases cited2 opinions

  1. Cramer v. City of BurlingtonSupreme Court of Iowa · 1877
  2. Hancock & Co. v. HintragerSupreme Court of Iowa · 1882

3Cited by16 opinions

  1. In Re Estate of ConnerSupreme Court of Iowa · 1948
  2. Berry v. BrunsonSupreme Court of Georgia · 1928
  3. Kenosha Stove Co. v. SheddSupreme Court of Iowa · 1891
  4. Bellew v. Iowa State Highway CommissionSupreme Court of Iowa · 1969
  5. Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917

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