117 Iowa 70 | Iowa | 1902
The defendants rely on Edwards v. Cottrell, 43 Iowa, 194, for their contention that the defendant Brigham, being a party defendant in the replevin suit, is entitled to the possession of the property to protect his lien; but this cannot be so, because he was' not made a party by the plaintiff, as in that case; and, besides this, in that case the landlord’s rent, or a part thereof, was due when the replevin action was commenced, and-the landlord being then entitled to the possession of the property, because of rent then due, it was held that the property was sufficiently in the custody of the law to protect him. In this case Brigham was made a party defendant on the motion of the original defendant, the sheriff.
Upon the record before us, we think the judgment of the district court right, and it is aeeirmed.