128 Iowa 671 | Iowa | 1905
The facts as evidently found by the trial court, and with which finding we are content, may be stated 'as follows: Prior to March, 1901, plaintiff and the de
It is not disphted but that plaintiff was entitled to recover the value of fifty sheep; that being the number which is by law exempt from execution (Code, section 4008), and hence not subject to landlord’s lien (Code, section 2992). The contention now made in argument is that, of the number of sheep, four ewes were purchased, by Hewitt from a third party subsequent to the mortgage and hence not included therein; that, adding five of the lambs to the forty-five sheep remaining, there was left twelve lambs which were subject to landlord’s lien; and, such lien being paramount to the mortgage, plaintiff was not entitled to recover the value thereof. As to the wool it is contended that plaintiff had given consent to the same being sold, and hence should not he allowed to recover therefor; and as to this latter fact plaintiff makes admission. As to the twelve lambs in excess of the fifty for which it is conceded plaintiff may recover, the contention of defendant as now made is ruled against him by the case of Davis, etc., Co. v. McHugh, 115 Iowa, 415. It was there held that a purchase-money mortgage, given by a tenant as part of the transaction for purchase by him of property taken onto the leased premises, is a prior lien to-the landlord’s claim for future accruing rent. Now the evidence for plaintiff as to values was that the ewes were worth ;$4 per head and the lambs $2.50 per head. It is evident to our minds that the trial court accepted of these figures .as correct, and this makes it clear that neither the value of the four ewes, the subject of contention, nor the value of the wool, entered into the judgment. It will be observed that forty-five head at $4 and seventeen head at $2.50'makes the exact amount of the judgment. By the stipulation filed plaintiff was entitled to recover, if at all, for the value of the sheep and the costs of the Linn county action. The amount <of the judgment is within the aggregate of those sums.