McArthur v. Garman

• Court: Iowa Supreme Court
• Writing for the Court: ROTHROCK
• Citation: McArthur v. Garman, 71 Iowa 34, 32 N.W. 14 (Iowa 1887)
• Decision Date: 04 March 1887
• Parties: MCARTHUR v. GARMAN.

71 Iowa 34

32 N.W. 14

MCARTHUR

v.GARMAN.

Supreme Court of Iowa.

March 4, 1887.

Appeal from circuit court, Des Moines county.

The plaintiff, being the owner of a judgment against D. K. Garman, caused an execution to issue thereon, and the Des Moines Agricultural Society were garnished as a supposed debtor of Garman. The garnishee answered that it was indebted in the sum of $117. Sarah Garman, the appellant herein, intervened in the proceeding, claiming that the indebtedness from the society was due to her, and not to the defendant in execution. The cause was submitted to the circuit court upon an agreed statement of facts, and it was found that the plaintiff was entitled to the fund in dispute, and a judgment was entered in accord with the finding. Sarah H. Garman appeals.Hall & Huston, for appellant.

Hedge & Blythe, for appellee.

ROTHROCK, J.

1. It appears from the agreed statement of facts that, in September, 1884, and prior to the seventeenth day of that month, D. K. Garman entered certain horses, in his own name, as contestants for premiums offered by said agricultural society. All of the horses, except one known as “Barney,” were the property of the intervenor, Sarah H. Garman; but they were entered for premiums in D. K. Garman's name by her consent, but without the knowledge of the agricultural society as to her ownership. The rules of the society did not require horses to be entered in the name of the real owner. “She paid the entrance money for said horses out of her own funds furnished by her to D. K. Garman; but this was not known to the society.” On the fifteenth day of September, 1884, D. K. Garman bought of the intervenor, who is his wife, the said horse “Barney,” and executed to her a chattel mortgage upon the horse to secure the whole of the purchase money. The mortgage contained the following provision: “This mortgage to cover all earnings of the horse, whether by premiums or otherwise.” The notes secured by the mortgage did not become due until December 15, 1884. The mortgage was filed for record on the seventeenth day of September, 1884. The sum of $101 of the amount owing by the garnishee was premiums earned by the horse “Barney” at the meeting of said society in September, 1884, subsequently to the execution of the mortgage; and the balance due from the society, being $16.40, was due for the amount of entrance money paid for entering the other horses owned by the intervenor, and which sum is returnable under the...