Supreme Court of Iowa, 1880

White v. Griggs

Supreme Court of Iowa · Decided October 22, 1880 · Adams

54 Iowa 650; 7 N.W. 125

Cases that cite this one

7 later published cases cite this decision.

Carlquist v. Colthays (Utah 1926)
Gilbert v. Berry (Iowa 1920)
Vaughan v. Walton (Ark. 1899)
West v. Conant (Cal. 1893)
American Investment Co. v. Farrar (Iowa 1893)
Clark v. Raymond (Iowa 1892)
Maish v. Bird (U.S. Circuit Court for the District of Iowa 1882)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Adams, Cu. J.

i. receiver : crops! b ' The mortgagor had a light to the possession of the premises until the expiration of a year from the time of sale upon foreclosure. During that time he bad a right to the crops grown upon the premises.. The mortgagee had no more interest in them than he had in crops grown upon land not mortgaged to him.

The fact that a debtor has fraudulently disposed of property upon which the creditor had no lien does not give the creditor a right to a receiver to take possession of other property upon which he has no lien. lie can have a receiver only of property upon which he has a lien, and then only when there is danger of its being lost or materially injured or impaired. Code, § 2903; Myton v. Davenport, 51 Iowa, 583. We think the plaintiff’s petition showed no sufficient ground for the appointment of a receiver, and his application should have been denied.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.