Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Shreck v. Spain.

France & Harlan, for plaintiffs in error, cited, contending that the description was insufficient: Rowley v. Bartholemew, 37 Ia., 374; Smith v. McLean, 24 Id., 322; Adams v. Com. Nat'l Bk., 53 Id., 491; Montgomery v. Wright, 8 Mich., 147; Ivins v. Hines, 45 Id., 73; Savings Bank v. Sargent, 20 Kan., 576; Jones, Chattel Mtges., sec. 63; Rhutasel v. Stephens, 27 N. W. Rep., 786; Ormsby v. Nolan, 28 Id., 569; Hayes v. Wilcox, 61 Ia., 732, cases cited.

Sedgwick & Power, in reply to the contention, cited: Peters v. Parsons, 18 Neb., 193; Price v. McComas, 21 Id., 197; Jones, Chattel Mtges. secs. 54, 61, 65; Pettis v. Kellogg, 7 Cush. [Mass.], 456; King v. Aultman & Co., 24 Kan., 246; Eddy v. Caldwell, 7 Minn., 225.

MAXWELL, J.

This action was brought in the district court of York county by the defendant in error against the plaintiff in error to recover the value of a span of mares, and on the trial the jury found in favor of the defendant in error and assessed the amount of her recovery at the sum of $310, and a motion for a new trial having been overruled judgment was entered on the verdict. The testimony tends to show that on the 9th day of May, 1887, one John Price executed a chattel mortgage to one John Milton Oliver on the following described property: "One dark brown mare named Browny,' age five years, weight about 1,200 pounds, sound, and worth $175; one dark brown mare (right hind foot white), named 'Flora,' age five years, weight about 1,200 pounds, sound, and worth $175; also one white mare named 'Maggie,' age seven years, weight about 1,050 pounds, sound, and worth $125; one black horse named 'Bill,' age eight years, weight about 1,150 pounds, sound, and worth $125; one red cow, four years

[ocr errors]

Shreck v. Spain.

old, with spotted heifer calf at side; one white cow, three years old, with spotted steer calf at side.”

This mortgage was duly filed for record on May 9 of that year. On the 3d day of June, 1887, John Price executed a chattel mortgage to the Utica bank of Seward county for a large amount of personal property, which included the following: "One team of mares; one light brown mare four years old, called 'Pet,' one dark brown mare, six years old, called 'Dolly,' steers and heifers on section 27, town 11, range 1 west; all of said property owned by me; mares on section 8, town 11, range 1 west, in Waco precinct, and York county, Neb., and free from incumbrance."

The mares were taken by the bank under the second mortgage and converted to its own use. The contest is thus between two mortgagees, and the question presented is, first, whether the description of the mares in the first mortgage was sufficient to identify them so that the filing of the mortgage would be constructive notice to subsequent mortgagees or purchasers in good faith; and, second, whether the mares described in the second mortgage, viz., one dark brown mare, five years old, called "Dolly," and one light brown mare, four years old, called "Pet," are the same animals which Price had previously mortgaged to Oliver. On both of these points there seems to be no doubt, and we fail to perceive any ground upon which the plaintiff in error would be entitled to recover.

A large number of errors are assigned in the record which it is unnecessary to review at length.

error in the record and the judgment is

There is no

AFFIRMED.

COBB, CH. J., concurs.

NORVAL, J., having tried the case in. the court below,

did not sit.

INDEX.

Abstracter.

1. Fees received as, by county clerk, must be reported to
county board. State v. Kelly.........

....577-9

2. Warranty in sale of abstract books. Crowell v. Harvey..... 570

Accounting.

Held, To be the duty of a mortgagee of buildings who had
collected the rents. Edling v. Bradford............

Act of God.

.....602-4

1. A snow storm of such violence as to prevent moving trains
is. Black v. R. Co................

See PARTIES. VARIANCE.

205

2. Common carriers are not insurers against injuries to live
stock resulting from; in such case only the ordinary care
of a prudent person is required. Id.....................197, 204-5
Action.
Against stockholders of corporations under sec. 136, ch. 16,
Comp. Stats., for failing to publish corporate indebtedness,
are quasi-penal only, and not barred in one year as penal
actions, the limitation being the same as in other contracts.
Coy v. Jones.........

Adverse Possession.

1. Held, To be established by the evidence. Petersen v. Town-
send

.........

799

376

2. Ripens into absolute title in ten years, free from lien of
tax deed issued before that time. Alexander v. Wilcox..... 795

Affidavits. See BILLS OF EXCEPTIONS, 3, 4.

Agency. See PRINCIPAL AND Agent.

Agistment.

1. Evidence found to show a want of that reasonable care
required of an agister in absence of express contract. Cal-
land v. Nichols

......

2. Where agister accounts for cattle which have died, to
owner, burden of proof is upon latter to show negligence.

535

Id..........

536

Alteration.

Of promissory notes, consented to by one of two partners;
Mace v. Heath........

firm bound.

Amendment.

1. Allowed of petition on eve of trial; held, not reversible
error. U. P. R. Co. v. Broderick...

623

.739-40

2. Properly allowed in furtherance of justice.
lin...........

Ward v. Par-

.379-80

Animals. See CARRIERS, 3. WARRANTY, 1-4.
Action for injuries by a wolf harbored by defendant; verdict
for plaintiff, held, to be sustained by the evidence.
ger v. Shipman

Man-

355

.........

719

Answer. See PLEADING, 16. APPEAL, 2.
Appeal. See ERROR PROCEEDINGS, 4. REVIEW. VARIANCE.
1. Unauthorized dismissal of. Dickerson v. Mechling ....
2. Where, in an action on a promissory note, defendant of-
fers no testimony in county court, an answer in district
court on appeal, alleging forgery, tenders a different issue
from that originally raised. First Natl. Bank v. Carson... 107
3. A cause appealed from county to district court should be
tried on the same issues in both. Id.

4. But if appellee go to trial on a different issue, he waives
the error.

Id.

5. Not a sufficient excuse for failure to file transcript within
statutory time, in appeal from county to district court,
that county judge promised to prepare and file transcript
for appellant but neglected to do so. Oppenheimer v. Me-
Clay....

.......655-7

6. Errors committed by justice of the peace, in trial for viola-
tion of village ordinances, held, to have been waived by.
Bailey v. State.......

Appearance.

In an action to recover real property where service is by pub-
lication and plaintiff's affidavit fails to state the non-resi-
dence of defendant, latter may appear specially to challenge
jurisdiction or quash papers, without making a general
appearance in the case. Brown v. Rice

Appointment.

857

.......239-40

Of county attorney, by entering the fact upon the record of
the proceedings of the county board, sufficient. State v.
Walker

Assignment.

Of contract between attorney and client for professional serv-

506

« ΠροηγούμενηΣυνέχεια »