Supreme Court of Iowa, 1878

Gittings v. Carter

Gittings v. Carter
Supreme Court of Iowa · Decided October 24, 1878 · Adams
49 Iowa 338

Gittings v. Carter

Opinion of the Court

Adams, J.

The note is not void on its face. It is apparently valid, and so far as the record shows is still outstanding, and in the hands of the plaintiff. Possibly recovery may yet be had upon it. We think that the defendant was entitled to hold the horse; at least until he was discharged by an adjudication upon the note, or until the note was surrendered. *339Whether after that an action of replevin could be maintained for the horse we need not determine.

REVERSED.

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