Finch v. Hollinger

43 Iowa 598

Opinion

Adams, J.-

In the case of Kaster & Farwell v. Pease, 42 Iowa, 488, it was held that an action to recover possession of specific personal property cannot be maintained against a sheriff who holds the property by virtue of an execution, unless the plaintiff has prior to the commencement of the suit, given the sheriff notice of his ownership, in accordance with the provisions of the Code, Sec. 3055.

The judgment of the Circuit Court must be

Affirmed.