Thompson v. Yeck
Illinois Supreme Court
This case has been brought to this court under the following agreement: On the first of September, 1857, the defendants, of Morgan county, Illinois, made a note of some $2,000 to Samuel P. Thompson, of the same county, at six months date, and to secure the payment of the same, executed a chattel mortgage of the items of property named in a receipt hereinafter copied.
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This case has been brought to this court under the following agreement: On the first of September, 1857, the defendants, of Morgan county, Illinois, made a note of some $2,000 to Samuel P. Thompson, of the same county, at six months date, and to secure the payment of the same, executed a chattel mortgage of the items of property named in a receipt hereinafter copied. The mortgage was duly acknowledged and recorded in said county, and was foreclosed at maturity by advertisement and sale of the property at public auction, and it was bought by the said Thompson at the said sale, and left in the…
1Opinion of the CourtBreese, J.
This court has adopted the rule, in Thornton v. Davenport et al., 1 Scam.R. 296, and in several other cases, that all conveyances of goods and chattels, when the possession is permitted to remain with the donor or vendor, is fraudulent of itself, and void as to creditors and purchasers, unless the conveyance itself stipulates for such retaining possession by the vendor or donor. And the same was held in a case arising under our chattel mortgage act. Reed v. Eames, 19 Ill. R. 595. In all cases the change of possession must be substantial and exclusive.
If goods are purchased on execution by a…
2Cited by15 opinions
- Atchison v. GrahamSupreme Court of Colorado · 1890
- Allen v. CarrIllinois Supreme Court · 1877
- Gaff v. HardingIllinois Supreme Court · 1868
- Jacobson v. PattersonAppellate Court of Illinois · 1914
- Bower v. PoppAppellate Court of Illinois · 1926
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