Myers v. Ladd
Illinois Supreme Court
This was an act of trover, originally brought in the Peoria Circuit Court, and the venue charged to Tazewell. The declaration was in the usual, form, for converting goods and chattels, then situate in a mill, built by Randolph Ross, Jr., in Lancaster, Timber township, Peoria county, Illinois, to wit: ne twelve inch by-engine, of twenty inch stroke, cast frame ; one thirty-four foot boiler, forty-two inches; one double Child saw mill, thirty and fifty inch; the belts used in…
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This was an act of trover, originally brought in the Peoria Circuit Court, and the venue charged to Tazewell. The declaration was in the usual, form, for converting goods and chattels, then situate in a mill, built by Randolph Ross, Jr., in Lancaster, Timber township, Peoria county, Illinois, to wit: ne twelve inch by-engine, of twenty inch stroke, cast frame ; one thirty-four foot boiler, forty-two inches; one double Child saw mill, thirty and fifty inch; the belts used in running said machinery; also, all the fixtures for running said engine and boiler and saw mill, complete, including guy…
1Opinion of the CourtCaton, C. J.
We think the court erred in excluding the parol evidence offered for the purpose of identifying the property which was actually mortgaged. The mortgage describes the property thus,—“in his mill in Lancaster, in Timber township, Peoria county, State of Illinois, to wit,” and then describes minutely the engine and saw mill. The mortgagee offered to prove that the mortgagor had a mill, four miles from Lancaster, in Timber township, in which was the property described, and that the mortgagor had no other mill in that county, for the purpose of showing that that was the machinery which was…
2Cited by18 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- Kruse v. WilsonIllinois Supreme Court · 1875
- Clayton v. County CourtWest Virginia Supreme Court · 1905
- Cumberledge v. BrooksIllinois Supreme Court · 1908
- Hutton v. ArnettIllinois Supreme Court · 1869
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