36 N.W. 719 (Iowa 1887), Warner v. Wilson

Citation:36 N.W. 719, 73 Iowa 719
Opinion Judge:ROBINSON, J.
Party Name:WARNER v. WILSON ET AL
Attorney:F. O. Hinkson, for appellant. C. S. Fogg, intervenor, pro se.
Case Date:March 07, 1887
Court:Supreme Court of Iowa
 
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Page 719

36 N.W. 719 (Iowa 1887)

73 Iowa 719

WARNER

v.

WILSON ET AL

Supreme Court of Iowa, Des Moines

March 7, 1887

Appeal from Adair District Court--HON. J. H. HENDERSON, Judge.

ACTION in equity to recover judgment on a promissory note, and for the foreclosure of a mortgage of personal property given to secure the same, and duly recorded. The intervenor alleges that he holds a mortgage on the property attempted to be described in the mortgage of the plaintiff, which was taken after the recording of the plaintiff's mortgage, and without knowledge thereof, save that imparted by the record. Intervenor further alleges that the mortgage of plaintiff creates no lien on the property attempted to be described therein, for the reason that the description given is indefinite and uncertain. A demurrer of plaintiff to the petition of intervenor was overruled. Plaintiff electing to stand upon his demurrer, judgment was rendered for intervenor. Plaintiff appeals.

AFFIRMED.

F. O. Hinkson, for appellant.

C. S. Fogg, intervenor, pro se.

OPINION

ROBINSON, J.

The demurrer raises but one question which we need to consider: Did the recording of plaintiff's mortgage [73 Iowa 720] impart constructive notice of the property sought to be incumbered thereby? The property in controversy consists of cattle and their increase. In most cases the animals are described separately, the color, age and name being given. The mortgage of plaintiff contains no statement as to the present or past ownership of the property, nor of the place where it is now or has been kept. The descriptions are of the same character as those held insufficient in Rhutasel v. Stephens, 68 Iowa 627, 27 N.W. 786, and other cases decided by this court, excepting that, in this case, the names of the animals are given. It is urged by appellant that, as the mortgage recites that the mortgagor is a resident of the county of Adair, and provides that in case he...

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