Cobb v. Chase
Supreme Court of Iowa
Appeal from Fayette Fistriet Cowrt. The question in this case arises between the plaintiff as attaching creditor of the defendant Chase, and intervenor Ehoades, who claims to hold a chattel mortgage upon the attached property. The intervenor was a creditor of Chase and was pressing him for payment.
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Appeal from Fayette Fistriet Cowrt. The question in this case arises between the plaintiff as attaching creditor of the defendant Chase, and intervenor Ehoades, who claims to hold a chattel mortgage upon the attached property. The intervenor was a creditor of Chase and was pressing him for payment. It was finally agreed that Chase should execute to the intervenor a chattel mortgage upon some cows and other stock, but the animals were not specifically pointed out or agreed upon. Afterwards in pursuance of the agreement Chase, in the absence of the intervenor, executed to him a chattel mortgage…
1Opinion of the Court
Adams, Oír. J.
i.mortgage; oriiFoíiiens. The question presented for our determination is whether, under the established facts, the mortgage should be regarded as delivered before the attaehment. The mere execution and filing of an instrument for record does not constitute delivery. Day v. Griffith, 15 Iowa, 104. The appellant, however, insists that the present case differs from that in two respects. In that case the antecedent agreement was merely that the mortgagor would give security, whereas in this case the agreement was to give security upon some cows and other stock. In this case too the…
2Cases cited1 opinion
- Day v. GriffithSupreme Court of Iowa · 1863
3Cited by10 opinions
- Charles L. Mull & Sons v. DooleySupreme Court of Iowa · 1893
- Keith v. HaggartNorth Dakota Supreme Court · 1891
- O'Connor v. O'ConnorSupreme Court of Iowa · 1896
- Breathwit v. Bank of FordyceSupreme Court of Arkansas · 1894
- Capital City Bank of Des Moines v. HodginU.S. Circuit Court for the Southern District of Iowa · 1885
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