Bergen v. Riggs
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of trespass on the case on promises commenced by Bergen & Sisson, the plaintiffs in error, against Peter Riggs, the defendant in error, at the October Term of the Warren county Circuit Court, for a breach of an implied warranty of title on the sale of a certain horse by the defendant in error to the plaintiffs in error.
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Appeal from the Circuit Court of Warren county; the Hon. Charles B. Lawrence, Judge, presiding. This was an action of trespass on the case on promises commenced by Bergen & Sisson, the plaintiffs in error, against Peter Riggs, the defendant in error, at the October Term of the Warren county Circuit Court, for a breach of an implied warranty of title on the sale of a certain horse by the defendant in error to the plaintiffs in error. The declaration contained two special counts, and also contained the common counts, and was filed at the October Term of the Warren county Circuit Court, A. D.…
1Opinion of the CourtChief Justice Walker
It is insisted that the third instruction given for defendant below is erroneous. It asserts that possession of personal property is prima fade evidence of ownership, and if defendant had possession for about one year prior to the sale, then, in order to overthrow such prima fade case, it was incumbent on plaintiffs to prove that the title to the horse was not in the defendant, but in the United States governmeut. As a general proposition, possession of chattels creates a presumption of ownership, slight it may be, but sufficient until overcome by proof. Tet the prima fade case may be…
2Cited by11 opinions
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