Wood v. Scott
Supreme Court of Iowa
Appeal from Taylor District Court. Action to replevy a stock of goods alleged to be worth $381.54. The plaintiff claims 'the right of possession by virtue of two chattel mortgages executed by one Lovett, the owner of the goods.
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Appeal from Taylor District Court. Action to replevy a stock of goods alleged to be worth $381.54. The plaintiff claims 'the right of possession by virtue of two chattel mortgages executed by one Lovett, the owner of the goods. The defendant is the sheriff of Taylor county, and claims the right of possession by virtue of the seizure of the goods upon a writ of attachment against Lovett and in favor of J. H. Merrill & Co. One of the mortgages held by plaintiff was executed to one Ashur, and by Ashur assigned to the plaintiff. ' No question is raised in regard to the validity of this mortgage,…
1Opinion of the Court
Adams, Ch. J.
— The mortgage alleged to be invalid by reason of fraud recited a consideration of five hundred dollars, and purported to be given to secure a promissory note of five hundred dollars. The real amount due upon the note at the time it was given was only two hundred and twenty-five dollars. Lovett, at the time of the execution of the note and mortgage, was in failing circumstances, and the evidence tended to show that the plaintiff had knowledge of that fact. The court gave an instruction in these words: “Should you find the facts to be that there was only due and owing the…
2Cases cited4 opinions
- Lyman v. CessfordSupreme Court of Iowa · 1863
- Hughes v. CorySupreme Court of Iowa · 1866
- Torbert v. HaydenSupreme Court of Iowa · 1861
- Hamilton v. BishopSupreme Court of Iowa · 1867
3Cited by11 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Barks v. KleyneSupreme Court of Iowa · 1924
- Louden v. VintonMichigan Supreme Court · 1896
- Lyon v. BallentineMichigan Supreme Court · 1886
- Bush v. BushSupreme Court of Kansas · 1885
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