Legal Opinion

Sowden & Co. v. Craig

Supreme Court of Iowa

Decided December 11, 1868PublishedCited by 14 opinions

Appeal from Des Moines District Court. Fixtures : mechanic’s lien : now affected by recorded chattel mortgage, etc. — Replevin for two engines, two boilers, one circular saw, one mnley saw and appurtenances. Plaintiffs and defendant each claim an absolute title to the property. Upon the instruction hereinafter noticed, the jury returned a verdict for the defendant, and the plaintiffs appeal.

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Appeal from Des Moines District Court. Fixtures : mechanic’s lien : now affected by recorded chattel mortgage, etc. — Replevin for two engines, two boilers, one circular saw, one mnley saw and appurtenances. Plaintiffs and defendant each claim an absolute title to the property. Upon the instruction hereinafter noticed, the jury returned a verdict for the defendant, and the plaintiffs appeal. To understand the questions presented, it is necessary to state the history of the title of the respective parties. I. Facts concerning the plaintiffs’ title. Plaintiffs are machinists doing business in…

1Opinion of the CourtCole, J.

1. Notice: lis pendens. — I. This action was broughtin 1865, between eight and nine years after the maturity of the note, to secure which the mortgage upon the property wag given< For the purpose of i’ebutting the presumptions arising from lapse of time, and the apparent staleness of plaintiff’s claim, as well as to show •the fact of a lis pendens in relation to the property at the - time defendant’s vendor acquired his right to the property, the record of the suit by Wood, Baker & Co. against these plaintiffs and others, was admissible in evidence. Rev. § 2842. It was error, therefore, to…

2Cases cited1 opinion

  1. Haynes, Hutt & Co. v. SeachrestSupreme Court of Iowa · 1862

3Cited by14 opinions

  1. Sword v. LowIllinois Supreme Court · 1887
  2. First State & Savings Bank v. OliverOregon Supreme Court · 1921
  3. Boeringa v. PerryWashington Supreme Court · 1917
  4. Flyge v. FlynnNevada Supreme Court · 1946
  5. Kennedy v. City of Hood RiverOregon Supreme Court · 1927

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