Fuller v. Smith
Appellate Court of Illinois
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
- Wabash, St. Louis & Pacific Railway Co. v. McDougalIllinois Supreme Court · 1885
- Harris v. ShebekIllinois Supreme Court · 1894
- Schumacher v. BellIllinois Supreme Court · 1896
- Illinois Central Railroad v. HeisnerAppellate Court of Illinois · 1892
3Cited by3 opinions
- Hamilton v. SeegerAppellate Court of Illinois · 1898
- Fanning v. SmithAppellate Court of Illinois · 1899
- McKesson-Fuller-Morrisson Co. v. Chapell Ice Cream Co.Appellate Court of Illinois · 1936