Ballinger v. Rezner ex rel. Martens
Appellate Court of Illinois
Debt, on a replevin bond. Appeal from the Circuit Court of Ford County; the Hon. Thomas F. Tipton,, Judge, presiding. Heard in this court at the November term, 1894.
1Opinion of the Court
Mr. Presiding Justice Wall
delivered the opinion of the Court.
This was an action on a replevin bond. The cause was tried by the court, a jury being waived, and the judgment was for the plaintiff.
The controversy was in effect between two mortgagees of personal property. The first mortgagee failed to take possession within a reasonable time after his mortgage matured and the second mortgagee seized the property as soon as his mortgage ivas due, whereupon the first mortgagee brought replevin, and having obtained possession thereby, dismissed his suit without trial. When sued upon the bond he…
2Cases cited3 opinions
- Arnold v. StockIllinois Supreme Court · 1876
- Atkins v. ByrnesIllinois Supreme Court · 1874
- Van Pelt v. KnightIllinois Supreme Court · 1858
3Cited by2 opinions
- Cassell v. DeisherSupreme Court of Colorado · 1907
- Conway v. HeadquistSupreme Court of Colorado · 1934