106 Iowa 78 | Iowa | 1898
IV. The claim of the appellee is that the description does not, expressly cover the future increase, and that it might well he held to mean only such foals of the mares as were in existence at tbe time the mortgage was made. Defendant, as we have said, seized this stock on an execution issued upon a judgment against McKie, and he is claiming the property under this levy. He is held to notice of the instrument and its recitals. Now, what impression or knowledge would he naturally get from this description ? Would one suppose from reading it that the mortgage covered the animals described, and others, — neither kind or number mentioned, — that were in existence at time; or would he reasonably conclude that the mares and any addition or augmentation to their number they might thereafter make, by giving birth to foals were intended to he included ? It is not a question whether one can, by a refinement of reasoning, extract a particular dubious meaning from the language used here, but rather, what is its plain common sense signification? We have held that a chattel mortgage will not cover after-acquired property unless the intention so