Legal Opinion

Fuller v. Smith

Appellate Court of Illinois

Decided September 20, 1897PublishedCited by 3 opinions

Replevin, by a mortgagee against a sheriff. Appeal from the Circuit Court of Whiteside County; the Hon. James Shaw, Judge, presiding.

1Opinion of the CourtJustice Dibell

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Omar E. Fanning owned certain personal property, and on March 14, 1896, being in debt to appellee in the sum of $731.88, he executed to her a note for said sum, bearing that date, due eight months after date, with interest at seven per cent per annum; and to secure said note executed and delivered to her a chattel mortgage upon said property, which mortgage ivas duly acknowledged, entered and recorded. The mortgagor retained possession of the property pursuant to a provision in the mortgage. On November 9, 1896, a few days before the mortgage and note would mature, the parties to said…

2Cases cited4 opinions

  1. Wabash, St. Louis & Pacific Railway Co. v. McDougalIllinois Supreme Court · 1885
  2. Harris v. ShebekIllinois Supreme Court · 1894
  3. Schumacher v. BellIllinois Supreme Court · 1896
  4. Illinois Central Railroad v. HeisnerAppellate Court of Illinois · 1892

3Cited by3 opinions

  1. Hamilton v. SeegerAppellate Court of Illinois · 1898
  2. Fanning v. SmithAppellate Court of Illinois · 1899
  3. McKesson-Fuller-Morrisson Co. v. Chapell Ice Cream Co.Appellate Court of Illinois · 1936

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