145 Iowa 635 | Iowa | 1910
In 1905 George B. Harris and Joe S. Dunkin were partners in the livery business in Albia, Iowa, under the firm name of Harris & Dunkin. In March and
The facts connected with the levy are as follows, omitting the date thereof, which is immaterial here: The property was in "the livery barn, which was situated on the rear end of the lot upon which George B. Harris and his wife lived, and only a short distance from their house. The officer having the executions, with one of the-plaintiff’s attorneys, went to the barn, but found no one there. The officer says that he then made a list of the property, and, after doing so, went to the house for the purpose of telling some one that he was going to take the property away. He .found the defendant A. S. Harris in the house, and she then told him that she had a mortgage on the property, and that he must not take it. The officer returned to the.barn, and at that time took away with him a part of a harness. Later he removed all of the property in question. At the time the officer made the list of the property, as above stated, he did nothing towards taking manual possession of the property or any part thereof. When he left the barn to go to the house, he had done nothing that interfered with the possession of the owners of the property, or that would make him a trespasser, but for the protection
Tbe judgment is right, and it is affirmed.