Kenyon v. Wilson

• Decision Date: 10 October 1889
• Citation: 43 N.W. 227,78 Iowa 408
• Parties: KENYON v. WILSON. KENYON v. BAKER.
• Court: Iowa Supreme Court

78 Iowa 408

43 N.W. 227

KENYON

v.WILSON.

KENYON

v.BAKER.

Supreme Court of Iowa.

Oct. 10, 1889.

Appeals from district court, Jasper county; W. R. LEWIS, Judge.

Action at law to recover the value of certain cattle taken and converted to his own use by each of the defendants, upon which plaintiff holds a chattel mortgage, which has been foreclosed, and judgment rendered against the mortgagor for the debt. The cases involve like facts, and were tried together to court, without a jury, and judgment rendered for plaintiff. Defendants appeal.Kerr & McElroy and Phillips & Day, for appellants.

Alanson Clark, for appellee.

BECK, J.

1. The petitions in these cases are substantially alike. They allege that one Tramel, to secure a promissory note held by plaintiff, executed a chattel mortgage upon 50 steers, which was foreclosed in an action against Tramel, in which a personal judgment was entered against him, as well as a decree foreclosing the mortgage against defendants in these cases. It is alleged that each of the defendants, after the registry of the mortgage, had purchased portions of the cattle from the mortgagor. The decree of foreclosure contains no judgment against defendants, but directs that a special execution shall issue against all of the property mortgaged. But the defendants have disposed of the cattle held by them, converting the property to their own use. The defendant in each case pleads that the matters upon which plaintiff bases his claims against them are res adjudicata, having been involved in the original foreclosure proceedings.

2. It is plain that the identical relief--a personal judgment against defendants--sought in these actions could have been recovered in the original foreclosure proceeding. If defendants were liable for the conversion of the property, a decree could have been entered requiring them to surrender it in execution; and, upon failure, execution could have issued against them for the value of the property. In case defendants had disposed of the property before judgment, the decree could have so provided that the execution should issue at once. There can be no doubt that plaintiff could have had full and adequate relief in the original action for the deprivation of any right which he did suffer or would suffer by reason of the appropriation of the mortgaged property to his own use.

3. An adjudication is final and conclusive of all matters in a case which the parties could have presented to the court for...