Cray v. Currier

• Court: Iowa Supreme Court
• Writing for the Court: ADAMS, J.
• Citation: Cray v. Currier, 17 N.W. 760, 62 Iowa 535 (Iowa 1883)
• Decision Date: 14 December 1883
• Parties: CRAY v. CURRIER ET AL

17 N.W. 760

62 Iowa 535

CRAY v. CURRIER ET AL

Supreme Court of Iowa, Des Moines

December 14, 1883

Appeal from Buchanan Circuit Court.

ACTION in replevin brought to recover possession of certain hay oats and corn. The plaintiff claims the right of possession by virtue of a chattel mortgage. The defendants claim the right of possession under the levy of an execution issued upon a judgment against the mortgagor. There was a trial to a jury, and verdict and judgment were rendered for the defendants. The plaintiff appeals.

AFFIRMED.

D. W Bruckart and E. E. Hasner, for appellant.

Holman & Crawford, for appellee.

OPINION

ADAMS, J.

The court gave the jury a peremptory instruction to render a verdict for the defendants. In this we think that there was no error. The mortgage under which the plaintiff claims is defective in the description. It is in these words: "All the cut and growing and having grown on the W 1/2 of the N E 1/4," etc. The plaintiff contends that, while the description is not precisely as it should be, it is not unintelligible, nor, when properly construed, uncertain, but that it means all the crops cut, growing and grown on the land.

It is evident enough upon looking at the description that a word of some kind was omitted by mistake. If we could discover with reasonable certainty what the word is, we might feel justified in...