Rhea v. Riner
Illinois Supreme Court
This was an action of replevin, commenced in the Knox Circuit Court, to recover one bay mare, claimed by plaintiff, and was tried in that court, before a jury, at the October term, A. D. 1857. Verdict and judgment for plaintiff. Motion for a new trial by defendant overruled.
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This was an action of replevin, commenced in the Knox Circuit Court, to recover one bay mare, claimed by plaintiff, and was tried in that court, before a jury, at the October term, A. D. 1857. Verdict and judgment for plaintiff. Motion for a new trial by defendant overruled. The declaration was as follows: First count charges that defendant, on 12th May, 1857, on a certain farm in township 9 N., R. 4 E. of 4th P. M., Knox county, Illinois, took one bay mare, black mane and tail, about eight years old in spring of 1857, sixteen hands high, of the plaintiff, of value of one hundred and fifty…
1Opinion of the CourtWalker, J.
It is urged as ground for a reversal of the judgment below, that as the property replevied was not delivered to the plaintiff below at the time the sale was made, that he could not maintain the action.
At the common law a delivery of possession was not necessary to pass the title to chattels from the vendor to the purchaser. To complete the purchase and vest the title in the buyer, it was only necessary that the terms of the sale should be complete and the property sold specified and separated from other property of the same kind, where it was incapable of identification. When this was done by…
2Cited by3 opinions
- Rudin v. King-Richardson Co.Illinois Supreme Court · 1924
- Abraham v. KargerWisconsin Supreme Court · 1898
- Rudin v. King-Richardson Co.Appellate Court of Illinois · 1934