Henderson v. Morgan
Illinois Supreme Court
This was an action of replevin brought by the appellant, who claimed the property as mortgagee, by virtue of a chattel mortgage. The mortgage was acknowledged by a justice of the peace in the town of North Chicago, and the mortgagor “ resided” in another town. The appellee was a creditor of the mortgagor, and seized the property by virtue of a landlord’s warrant for rent due and unpaid from the mortgagor, the property being in the possession of the mortgagor when seized.
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This was an action of replevin brought by the appellant, who claimed the property as mortgagee, by virtue of a chattel mortgage. The mortgage was acknowledged by a justice of the peace in the town of North Chicago, and the mortgagor “ resided” in another town. The appellee was a creditor of the mortgagor, and seized the property by virtue of a landlord’s warrant for rent due and unpaid from the mortgagor, the property being in the possession of the mortgagor when seized. The Circuit Court held the mortgage invalid, and found for the defendant below. Appellant assigns for error, the finding of…
1Opinion of the CourtCaton, C. J.
The acknowledgment of this chattel mortgage was insufficient. The statute says, the mortgagor “may acknowledge such mortgage before any justice of the peace in the justice’s district in which he may reside,” and there is no other authority in the statute for acknowledging, and it follows as a matter of course, the mortgage cannot have the effect prescribed by the statute, unless it is acknowledged in conformity to the statute. The word “ may,” in this statute, is imperative. The meaning of the statute is, that the mortgage shall be acknowledged before a justice of the district in which the…
2Cited by5 opinions
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- Harvey v. CraneU.S. Circuit Court for the Northern District of Illnois · 1871
- Greenwald v. LeeAppellate Court of Illinois · 1929
- In re BurnettDistrict Court, N.D. Illinois · 1874