Bass v. Pease
Appellate Court of Illinois
Replevin.—Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge., presiding.
1Opinion of the CourtJustice Shepard
The question is, was, or not, the claimed purchase by appellants valid, as against the attaching creditor, Thompson. The verdict of the jury, and the judgment appealed from, say it was not.
Ever since the case of Thornton v. Davenport, 1 Scam. 296, the rule has been, in Illinois, that all absolute sales of chattel property, where possession is permitted to remain with the vendor, are fraudulent per se, and void as to creditors and purchasers, unless the retention of possession by the vendor is consistent with the provisions of the deed of transfer or bill or sale. In all such cases the…
2Cases cited8 opinions
- Ticknor v. McClellandIllinois Supreme Court · 1877
- Lawson v. FunkIllinois Supreme Court · 1884
- Martin v. DuncanIllinois Supreme Court · 1895
- Allen v. CarrIllinois Supreme Court · 1877
- Straus v. MinzesheimerIllinois Supreme Court · 1875
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3Cited by3 opinions
- Mitchell v. Tulsa Water, Light, Heat & Power Co.Supreme Court of Oklahoma · 1908
- Blakely Printing Co. v. PeaseAppellate Court of Illinois · 1901
- Pease v. DawsonAppellate Court of Illinois · 1901