People ex rel. Carey v. 1976 Chevrolet Van Serial No. CGV1564131316

The People of the State of Illinois brought this in rem action to declare a certain vehicle forfeited. (Ill. Rev. Stat. 1975, ch. 38, par. 36 — 1 et seq.) After hearing evidence, the trial court refused to enter a forfeiture order. The court, instead, awarded the vehicle to a person whom it found to be the true owner. That person’s interest had not been recorded in the office of the Secretary of State.

Plaintiff contends on appeal that the trial court erred in interpreting the word “owner” as applying to a person who has no recorded interest in the vehicle. Plaintiff argues in the alternative…