Scott v. Whitlow
Illinois Supreme Court
The defendant below, on the 6th day of April, 1857, filed his bill for injunction in the clerk’s office of the Circuit Court of Peoria county, alleging that, about the month of August, 1856, he was the owner of about five thousand railroad ties, which were lying on the bank of the Illinois river, in Schuyler county; that he had previously purchased the same of the rightful owners, and same had been delivered to him at the place aforesaid.
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The defendant below, on the 6th day of April, 1857, filed his bill for injunction in the clerk’s office of the Circuit Court of Peoria county, alleging that, about the month of August, 1856, he was the owner of about five thousand railroad ties, which were lying on the bank of the Illinois river, in Schuyler county; that he had previously purchased the same of the rightful owners, and same had been delivered to him at the place aforesaid. That three writs of attachment were sued out from before a justice of the peace, of Schuyler county, against one William Pound, and levied upon said ties,…
1Opinion of the CourtCaton, C. J.
The railroad ties in controversy were seized by virtue of certain writs of attachment against Pound, and as his property, were sold to Gregory, one of the plaintiffs in attachment, who sold them to Scott, and he transported -them to Peoria, and sold them to Cruger, Secor & Co., who mixed them with other ties, and laid them on their road. Whitlow notified Cruger, Secor & Co. that the ties belonged to him, and they thereupon refused to pay Scott for them. Scott then sued them for the price of the ties, and obtained a judgment against them. Then Whitlow filed his bill, alleging these facts, and…
2Cited by5 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Miller v. RowanIllinois Supreme Court · 1911
- Leonard v. ByeIllinois Supreme Court · 1935
- Packwood v. GridleyIllinois Supreme Court · 1866
- Perry v. Thompson & Co.Supreme Court of Alabama · 1895