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DORCAS v. HAMIEL

No. 48962.

78 N.W.2d 661 (1956)

Golden A. DORCAS and Byron M. Dorcas, Appellees, v. Norman J. HAMIEL and J. F. Casterline, Administrators with Will Annexed of the Estate of Marion C. Hamiel, Deceased, Appellants, Wallace B. Moore and Louise Moore Reed, Louise Moore Reed and Wallace B. Moore, Citizens Savings Bank of Anamosa, Iowa, Art Ropa and Ray Ropa, First State Bank, West Branch, Iowa, W. L. Fahey, L. C. Rummells, Intervenors.

Supreme Court of Iowa.

September 18, 1956.

Attorney(s) appearing for the Case

Barnes, Wadsworth, Elderkin & Locher, Cedar Rapids, and Reid L. Hunt, Tipton, for appellants.

Maurer & Sebesta, Mechanicsville, for appellees.

PER CURIAM.

Plaintiffs, holders of a chattel mortgage given by Marion C. Hamiel, sought a declaratory judgment for the purpose of determining the rights of the respective claimants to the proceeds of the property in controversy. The trial court held the property in question was not in the "actual possession" as contemplated by Section 556.3, 1954 Code of Iowa, I.C.A., the mortgage of plaintiffs was valid, and plaintiffs are entitled to have their secured indebtedness...

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