105 Iowa 592 | Iowa | 1898
— On the seventeenth day of February, 1890, the defendant, as sheriff, levied upon sixty-two hogs, an execution issued on a judgment rendered by the district court of Woodbury county in favor of Toler-ton & Stetson Company and against M. E. Harward, and on the fourteenth day of the next month sold them by virtue of the execution. This action was commenced in February, 1896, to recover the possession of the hogs. The petition allege® that the plaintiff is. the absolute and unqualified owner of the hogs, and demands judgment for their return or for their value, and for damage® and costs. The jury found specially that the plaintiff was the owner of the hogs when they were taken by the defendant, but that the latter was entitled to the possession of them by virtue of two chattel mortgages; that the value of his interest in the property was one hundred and forty-eight dollars and thirteen cents; and,
IY. The appellant complains of the refusal of the court to sustain a motion made by him to transfer the cause to the equity side of the docket, based upon the alleged ground that the answer pleaded an equitable estoppel, and of the refusal of the court to strike from the files a reply to the answer. We do not find any reason for concluding that the motion to transfer should have been sustained, and, although the reply might well