Cobb v. Chase

• Court: Iowa Supreme Court
• Writing for the Court: ADAMS
• Citation: Cobb v. Chase, 54 Iowa 253, 6 N.W. 300 (Iowa 1880)
• Decision Date: 24 June 1880
• Parties: COBB v. CHASE AND ANOTHER.

54 Iowa 253

6 N.W. 300

COBB

v.CHASE AND ANOTHER.

Supreme Court of Iowa.

Filed June 24, 1880.

Appeal from Fayette district court.

The question in this case arises between the plaintiff, as attaching creditor of the defendant Chase, and the intervenor, Rhodes, who claims to hold a chattel mortgage upon the attached property. The intervenor was a creditor of Chase and was pressing him for payment. It was finally agreed that Chase should execute to the intervenor a chattel mortgage upon some cows and other stock, but the animals were not specifically pointed out or agreed upon. Afterwards, in pursuance of the agreement, Chase, in the absence of the intervenor, executed to him a chattel mortgage upon eight cows and three steers, and filed the same for record. This was done on the twenty-seventh day of November, 1878. On the seventeenth day of December, 1878, the plaintiff levied an attachment upon the mortgaged property. Afterwards, upon the same day, the intervenor came into possession of the mortgage for the first time. He had, however, before that time, and before the plaintiff's levy, been informed by the recorder that such mortgage had been filed for record. In the action for attachment the intervenor set up the chattel mortgage, and claimed the right to hold the property thereunder. The court dismissed the petition for intervention, and the intervenor appeals.A. S. Hollenbeak, for appellant.

Ainsworth & Hobson and Hoyt & Hancock, for appellee.

ADAMS, C. J.

The question presented for our determination is whether, under the established facts, the mortgage should be regarded as delivered before the attachment. The mere execution and filing of an instrument for record does not constitute delivery. Day v. Griffith, 15 Iowa, 104. The appellant,...