Harlow v. Birger
Illinois Supreme Court
This was a trial of right of property, tried first before A. Poston, a justice of the peace, February 6, 1862. Birger, plaintiff in JL fa. against A. L. Carobine, had the same levied upon four stacks of wheat, January 29, 1862. Harlow claimed the property under a chattel mortgage. On the hearing before the justice, verdict and judgment was rendered against claimant. Appealed by plaintiff in error to Circuit Court.
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This was a trial of right of property, tried first before A. Poston, a justice of the peace, February 6, 1862. Birger, plaintiff in JL fa. against A. L. Carobine, had the same levied upon four stacks of wheat, January 29, 1862. Harlow claimed the property under a chattel mortgage. On the hearing before the justice, verdict and judgment was rendered against claimant. Appealed by plaintiff in error to Circuit Court. At the Hay term of said Circuit Court, 1862, said cause came on for hearing, and by consent a jury was waived, and the cause tried by the court. The claimant, Harlow, to identify…
1Opinion of the CourtCaton, C. J.
The question here presented is, to determine the validity or effect of a chattel mortgage upon some stacks of wheat which were levied upon by virtue of an execution against the mortgagor. The claimant offered in evidence the mortgage, to which was attached a certificate of acknowledgment, and of the record of the mortgage, but there was no proof as to whether the justice of the peace had entered in his docket the inventory of the property, as the law requires. After providing for the acknowledgment of the mortgage, the statute proceeds, “ And the said justice shall also keep upon his docket,…
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