STATE v. ONE CERTAIN CONVEYANCE, A 1969 CADILLAC, ETC.

No. 55425.

207 N.W.2d 547 (1973)

STATE of Iowa, Appellant, v. ONE CERTAIN CONVEYANCE, A 1969 CADILLAC, 2 DOOR CONVERTIBLE, VIN. F9-314108 WHITE OVER GREEN, D 108, Appellee, General Motors Acceptance Corporation, Intervenor-Appellee.

Supreme Court of Iowa.

May 23, 1973.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Peter E. Voorhees, Asst. Atty. Gen., for appellant.

James F. Pickens, Cedar Rapids, for intervenor-appellee.

Submitted to MOORE, C.J., and RAWLINGS, LeGRAND, REYNOLDSON and HARRIS, JJ.


HARRIS, Justice.

Special forfeiture proceedings were brought under chapter 127, The Code, against an automobile used to transport a controlled substance. The trial court held the intervenor (GMAC), a lienholder, had overcome the statutory presumption of knowledge the vehicle was being illegally used. Accordingly GMAC's lien was held valid and enforceable. We affirm.

Irvin Johnson purchased the automobile in question from Friedly Olds, Inc. in Cedar Falls ...

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