Wilson v. Pearson
Illinois Supreme Court
This was an action of replevin, brought by Pearson, the defendant in error, in the Circuit Court of Cook county, to recover possession of a stock of boots and shoes, valued at $1,400. The writ was sued out on the 10th January, A. D. 1857, and executed by the coroner of said county on the 12th, by taking the goods from the possession of Wilson, the plaintiff in error, who, as sheriff of said county, held the goods, and had advertised them for sale, by virtue of two writs of…
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This was an action of replevin, brought by Pearson, the defendant in error, in the Circuit Court of Cook county, to recover possession of a stock of boots and shoes, valued at $1,400. The writ was sued out on the 10th January, A. D. 1857, and executed by the coroner of said county on the 12th, by taking the goods from the possession of Wilson, the plaintiff in error, who, as sheriff of said county, held the goods, and had advertised them for sale, by virtue of two writs of execution, issued against the property of J. Grant Osbourne. The defendant, Wilson, pleaded : 1. The general issue. 2.…
1Opinion of the CourtWalker, J.
The plaintiff in error questions the decision
of the Circuit Court in overruling his motion for a new trial, because, it is alleged, that the verdict was not warranted by the evidence in the case. There can be no question but the law does permit a debtor in failing circumstances to make an assignment of his property for the benefit of his creditors; and if fairly and bona fide made, it passes the title in such property to his assignee, for their benefit. The question of fairness and bona fiides of the transaction is a question of fact for the finding of the jury. The plaintiff’s instructions…
2Cited by11 opinions
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