31 Iowa 156 | Iowa | 1870
— The intervenors, Thomas G. Eyan & Co., claim, in this action, to recover the value of the property,
After Thomas Gr. Ryan & Co. obtained possession of tbe property it was taken from them upon a writ of replevin, so that, in fact, wben tbe decision in tbis case was rendered, tbey did not bold its possession. Tbis fact does not defeat tbe application of tbe rule first stated to tbis case. Notwithstanding any disposition which may have been made of tbe property by Ryan & Co., or by tbe law,
The claim of Ira B. Ryan for judgment for the value of the property is defeated by the fact that the property was not owned ,by him. It is true that he is a member of the firm that did own it. His rights will be protected in the disposition of the actions whenever the firm is a party. He cannot be permitted to separate himself from the firm in this litigation. Besides this, the possession of Ryan & Co., acquired after the replevin in this case, operates, in contemplation of law, so for as his rights are concerned, as his possession. The effect of this possession upon his claim for the value of the goods is the same as upon their own claim, as above shown.
The multiplicity of suits resorted to by the parties cannot
The judgment of the district court is.
Affirmed.