Richardson v. Peterson

• Citation: 13 N.W. 63,58 Iowa 724
• Parties: RICHARDSON BROS. v. PETERSEN ET AL
• Decision Date: 13 June 1882
• Court: Iowa Supreme Court

13 N.W. 63

58 Iowa 724

RICHARDSON BROS. v. PETERSEN ET AL

Supreme Court of Iowa, Des Moines

June 13, 1882

Appeal from Scott District Court.

ACTION to enforce, by attachment, a landlord's lien. The cause was tried without a jury, and judgment rendered for plaintiffs. The intervenor appeals.

AFFIRMED.

Fred Heinz, for appellant.

Waterman & Boyle, and Thompson & French, for appellees.

OPINION

BECK J.

At a former term of this court, an opinion was filed in this case reversing the judgment of the court below. Upon a petition for rehearing, the cause was again argued. Upon the second argument, we have reached the conclusion that the judgment of the District Court ought to be affirmed.

II. The action was brought to enforce the landlord's lien of plaintiffs, and upon the attachment, two horses were seized. Petersen, the tenant, is defendant in the action, and Kurz intervenes, claiming to own the horses seized under the attachment. The case was tried upon the following agreed statements of facts; no other evidence was introduced:

"That the contract of lease has never been recorded; that said Petersen went into possession of said leased premises at the beginning of the term of said lease and brought said horses thereon and resided thereon at the time he traded said horses to intervenor; that subsequently said Petersen absconded before the rent became due, without knowledge of plaintiffs, and has left no property out of which said claim for rent could be made, and his present whereabouts is unknown.

"That in October, 1880, Petersen then being the owner of said team, drove said horses to the city of Davenport, and then and there traded said horses to said intervenor for another team, and received $ 40.00 boot. Before making the trade with Petersen, the intervenor inquired of him whether there were any claims or liens on the horses, and Petersen said there were not, and on the strength of this representation, and without any collusion on part of said intervenor to defraud plaintiffs, the trade was made and the horses passed to the possession of said Kurz, and have never been out of his possession until the same were attached by the sheriff in this cause, nor has he parted with his title thereto since, and said horses have never, since Kurz got them, been on said leased premises.

"The value of the attached horses is $ 115.00.

"Intervenor also had the public records searched and found no claims against said horses; that at the time of said trade, intervenor had no actual knowledge as to where said team was kept, nor that said lease was in existence.

"That at the time of making said trade, said horses were the only horses owned by said Petersen, which were kept or had, or used on said leased premises; that said Petersen was a tenant farmer, the head of a family, and a resident of this State when he parted with the team, which team was used by him in the prosecution of his business as such, and that it was no part of his ordinary business to buy, sell, or trade horses.

"That said Richardson Bros. reside in the city of Davenport, where said trade was made, said city being about ten miles distant from said leased premises; that they had no knowledge of said trade until after January 1, 1881 about the time suit was commenced, and that there was rent accrued, but not due, to the amount of $ 40.00 at the time when said trade was...