United States Supreme Court Cases & Opinions

U.S. Supreme Court

Etheridge v. Sperry, 139 U.S. 266 (1891)

Etheridge v. Sperry

No. 186

Submitted March 2, 1891

Decided March 23, 1891

139 U.S. 266

ERROR TO THE SUPREME COURT

OF THE STATE OF IOWA

Syllabus

Buck v. Colbath, 3 wall. 334, affirmed on the point that a suit prosecuted in the state courts to the highest court of such state against a marshal of the United States for trespass, who defends himself on the ground that the acts complained of were performed by him under a writ of attachment from the proper federal court, presents a case for a writ of error to this Court when the final decision of that court is against the validity of the authority thus set up by the marshal.

Following the Supreme Court of Iowa in its construction of the local law of that state, this Court holds that a mortgage of a stock of goods in a

Page 139 U. S. 267

store in that state, otherwise valid, is not invalidated by reason of a parol understanding at the time of its execution that the mortgagor may retain possession and sell the goods, and apply the proceeds to his own support, and to keep up the stock, applying only the surplus to the payment of the mortgage debt.