Kessey v. McHenry
Supreme Court of Iowa
Appeal from Winneshielc Gvreuit Gou/rt. Action to recover the “ immediate possession of nine acres, more or less * * * of wheat cut and now standing in shock on said premises.” The plaintiff claimed to be entitled to the possession of the wheat under and by virtue of a chattel mortgage, and the defendant claimed the property under a purchase at an-execution sale. There was a trial by the court on a stipulation as to, the facts, and judgment for the plaintiff.
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Appeal from Winneshielc Gvreuit Gou/rt. Action to recover the “ immediate possession of nine acres, more or less * * * of wheat cut and now standing in shock on said premises.” The plaintiff claimed to be entitled to the possession of the wheat under and by virtue of a chattel mortgage, and the defendant claimed the property under a purchase at an-execution sale. There was a trial by the court on a stipulation as to, the facts, and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtSeevers, J.
I. As the amount in controversy as shown by the pleadings did not exceed one hundred dollars, the trial judge, in accordance with the statute and rule of this court, has certified the questions upon which it is desirable to have the opinion of the Supreme Court. They are:
“ 1st. Can unripe and growing crops be levied upon under execution, and sold while they are yet unripe and growing?
“ 2d. Under the circumstances of this case, and per stipulated facts, is the levy made by defendants, May 19,1879, and the sale thereunder, June 21, 1879, of an unripe and growing crop of wheat, which was sown on…
2Cases cited4 opinions
- Boothby v. BrownSupreme Court of Iowa · 1874
- Seevers v. DelashmuttSupreme Court of Iowa · 1860
- Cummings v. ToveySupreme Court of Iowa · 1874
- Hickok v. BuellSupreme Court of Iowa · 1879
3Cited by1 opinion
- Bacon & Co. v. ThompsonSupreme Court of Iowa · 1882