Legal Opinion

Harvey v. Dunn

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 5 opinions

Appeal from the Circuit Court of Iroquois county; the Hon. N. J. Pillsbury, Judge, presiding. This was replevin, by appellant against appellee. No question arises upon the pleadings.

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Appeal from the Circuit Court of Iroquois county; the Hon. N. J. Pillsbury, Judge, presiding. This was replevin, by appellant against appellee. No question arises upon the pleadings. The parties entered into a stipulation, presenting the facts respectively relied upon, which is as follows: “ That on the 12th day of August, 1876, Thomas H. Johns signed the mortgage to the plaintiff, Wesley Harvey, said Wesley Harvey having drafted said mortgage on said August 12, 1876; that on the 15th day of August, 1876, said Thomas H. Johns went to the office of one James Bussell, an acting justice of the…

1Opinion of the CourtJustice Scholfield

The only objection, as shown by the record, taken to the chattel mortgage, upon the trial below, was the general one, that “it was not properly acknowledged and recorded according to the statute.” In what respect it lacked the statutory requirements, in respect of acknowledgment and recording, was not pointed out.

So far as we have been able to discover, there is no substantial objection to the form or mode of acknowledgment, and the proof of the recording is entirely satisfactory. The omission, in the certificate of acknowledgment, of the words directed by the statute, “ and entered by me,”-…

2Cases cited2 opinions

  1. Funk v. StaatsIllinois Supreme Court · 1860
  2. Schroder v. KellerIllinois Supreme Court · 1876

3Cited by5 opinions

  1. Hummell v. HarringtonSupreme Court of Florida · 1926
  2. Crescent Coal & Mining Co. v. RaymondAppellate Court of Illinois · 1894
  3. Wills v. First Nat. Bank of BeardstownCourt of Appeals for the Seventh Circuit · 1914
  4. Greenwald v. LeeAppellate Court of Illinois · 1929
  5. Wineberger v. BlissAppellate Court of Illinois · 1894

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