87 Iowa 520 | Iowa | 1893
— The plaintiff claims to be the absolute and unqualified owner of two stallions which constitute the property in controversy, by virtue of a purchase thereof made under the foreclosure of a chattel mortgage given thereon by W. S. Cloak. The defendants claim a right to the possession of the property by virtue of a second mortgage, executed by Cloak, and also by virtue of a lien to them assigned, which was acquired by a keeper of a feed and livery stable. The district court found that the defendant, J.B. McCoy, was entitled to the possession of the property, and rendered judgment against the plaintiff for costs.
The first question we are required to determine is whether the description of the property contained in the McLennan mortgage was sufficient to make the record thereof constructive notice to' subsequent purchasers of the existence of the mortgage. The description is as follows: “One bay stallion with small white star in forehead, two years old, past.” “One chestnut sorrel stallion with white tail and mane, with small white star in forehead, seven years old.” The mortgage purports to sell to the mortgagee the property described to secure the payment of notes specified, and contains a covenant to warrant and defend the title to the property mortgaged. It describes the mortgagor as “of the county of Pottawattamie and state of Iowa,” and provides that, in case of any attempt to remove the property “from said county of' Pottawattamie,” it shall be lawful for the mortgagee to take immediate possession of it. In case of a foreclosure sale, it was to be made at Griswold, in Cass county. The mortgage also contains a statement in words as follows: ‘ ‘I hereby certify that I am the owner of the said property described in this mortgage.” At the time the mortgage was executed, the stallions were in the possession of the mortgagor, on his farm in Pottawattamie county. They were the only ones of the description given which he then or has since owned. We are of the opinion that the description was sufficient, and that the record of the mortgage imparted- due notice to subsequent purchasers.
The appellees rely upon the cases of Barrett v. Fisch, 76 Iowa, 553; Warner v. Wilson, 73 Iowa, 719;
On the eighteenth day of the month named, he settled with the keepers of the stable, and paid them all of the amount due them for keeping the horses, excepting the sum of two dollars. After he purchased, the two stallions in controversy, he returned them to the stable, to be there kept, without any further agreement in regard to the price to -be paid for their keeping, and has since paid nothing on account of it. On the fifth day of February, 1890, the defendants took the horses from the livery stable, under the Henry mortgage, and have since that time retained possession of them. McCoy has paid Brockway & Boggs thirty-five dollars for keeping the horses prior to the date last named. The defendants claim that they have acquired from the keepers of the livery stable a lien which entitles them to the possession of the horses until it is discharged. The division of the answer in which that lien is pleaded is in the form of an amendment, placed on file fifteen months after the original answer was filed. It alleges that the horses were taken by the defendants under the mortgage held by McCoy; that Broekway &
For tbe reasons shown, tbe judgment of tbe district COUrt ÍS BEVEBSED.