Bell v. Prewitt
Illinois Supreme Court
Appeal from the Circuit Court of McLean County; the Hoe. Thomas F. Tiptoe, Judge, presiding. This was an action of replevin, by appellant against appellee.
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Appeal from the Circuit Court of McLean County; the Hoe. Thomas F. Tiptoe, Judge, presiding. This was an action of replevin, by appellant against appellee. Appellant claimed the right of possession and property in twelve head of cattle under a chattel mortgage given him by George Cornelius, dated November 21, 1870. The property was described as follows: “20 yearling steers, now on the farm of said Cornelius, in TowandaTownship, McLean County, Illinois; 20 two-year old steers on same farm,” etc. The property claimed was under the second clause in the description. The appellee claimed to be a…
1Opinion of the CourtJustice Thornton
This was a contest between a mortgagee of personal property and an assumed purchaser.
We shall not comment upon the testimony, as the judgment must be reversed for errors of law. The alleged fraud, in the execution of the mortgage, is purely a question for the jury, from all the evidence. As the case was not fairly and properly presented to the jury, there should be a new trial before any opinion is expressed as to the weight or effect of the evidence by this court.
The mortgagor was introduced as a witness for appellant, and testified only, that the cattle in controversy were the same cattle…
2Cases cited7 opinions
- Miner v. PhillipsIllinois Supreme Court · 1866
- Reed v. NoxonIllinois Supreme Court · 1868
- Stafford v. FargoIllinois Supreme Court · 1864
- Gridley v. BinghamIllinois Supreme Court · 1869
- Wooley v. FryIllinois Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fisher v. PorterSouth Dakota Supreme Court · 1898
- Schmidt v. Chicago City Railway Co.Illinois Supreme Court · 1909
- Borden v. LynchMontana Supreme Court · 1906
- Murphy v. StubblefieldCourt of Appeals of Maryland · 1918
- Rawlins v. T. P. Kennard & SonNebraska Supreme Court · 1889
10 more not listed; retrieve them via the Exa API.