Wells v. Kelley
Supreme Court of Iowa
Appeal from Polk District Court. — HoN. S. F. Peouty, Judge: Action to enforce a laborer’s lien. There was a demurrer to the petition, which was sustained. Plaintiff elected to stand on his petition, and refused to plead over. Judgment in favor of defendant for costs, and plaintiff appeals.
1Opinion of the Court
Bishop, O. J.
'The facts appearing from the petition are substantially as follows: Prior to March 24,1902, J. X). Wells & Sons Oo., a corporation, had executed, to F. Bacon a chattel mortgage on all the property owned by it.' On said date the defendant, who is said to be a deputy •sheriff of Polk county, acting for and at the request of said mortgagee, took possession of all the mortgaged chattels, and, having advertised the same for sale by posting notices as required by the terms of the mortgage, sold the property on April 4,. 1902, at public auction, and thereafter accounted to the…
2Cases cited1 opinion
- Ripley v. GiffordSupreme Court of Iowa · 1860
3Cited by7 opinions
- Seymour v. BergIllinois Supreme Court · 1907
- Anundsen v. Standard Printing Co.Supreme Court of Iowa · 1905
- Heessel v. Creston National BankSupreme Court of Iowa · 1928
- Majestic Co. v. Ira D. Davis Co.Supreme Court of Iowa · 1915
- Snyder v. CarsonSupreme Court of Iowa · 1912
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