62 Iowa 253 | Iowa | 1883
In May, 1881, the defendant, Gallup, executed a chattel mortgage to I. M. Murray, deceased, on property described as follows: “A certain frame building * * * on lot 1, Block 16, Adel, Iowa, privilege being given the mortgagor to remove the same to any other lot in
The defendant, Gallup, denied the execution of the note and mortgage under which plaintiffs claim, and the. defendant, White, denied the allegations of the petition. The case is triable anew in this court.
I. As to the defense pleaded by Gallup. He admitted on the trial that he executed the note and mortgage, and, as
After the execution and filing for record of the mortgage under which the plaintiffs claim, Gallup executed certain mortgages to White, trustee. The property mortgaged- is therein described as follows: “ All my stock of furniture and merchandise of whatever kind now in my possession in the store building on the following real estate: Commencing 88 feet west of the southeast corner of lot No. 8, in Block No. 18, in the town of Adel,” etc.
It is said that the mortgage under which plaintiffs claim is on one stock of goods, and White’s upon another, because they are described as being in buildings situate upon different lots and blocks in the same town, and that there is no allegation in the petition which states that the goods had. been removed from one store to the other, or that the same goods were included in all the mortgages.
The petition seeks to foreclose a mortgage on certain goods, and it is therein stated that White claims an interest in the goods under a mortgage recorded in a certain book, etc., and a copy of the mortgage is attached to the petition. This mortgage was introduced in evidence by Mr. White. But for this it would not have appeared that White had any such interest as entitled him to the protection of the court.
It further appears in evidence that the goods, or a part of them, described in plaintiffs’ mortgage, were removed from the building therein described, and placed in the building de
III. But, it is said, plaintiffs must show that all the goods described in the White mortgage are described or included in
Affirmed.