Holmes v. Holifield
Appellate Court of Illinois
Replevin. — Appeal from the Circuit Court of Pope County; the Hon. Joseph P. Robarts, Judge, presiding. Heard in this court at the August term, 1901.
1Opinion of the CourtJustice Worthington
The validity of the chattel mortgage to appellant is not seriously questioned. Bailey was the tenant of appellee and as such was in possession of the ninety-five acres upon which the wheat in controversy was grown. He sowed, cut, threshed and stacked the wheat and put it in sacks, dividing it as it came from the machine. Whether this Avas in accordance with his contract with his landlord is not material for the decision of this case. So far as the outside world was concerned he Avas in possession of the wheat as it grew, by virtue of being in possession of the land upon which it grew. Frink…
2Cases cited3 opinions
- Watt v. ScofieldIllinois Supreme Court · 1875
- Frink v. PrattIllinois Supreme Court · 1889
- Gittings v. NelsonIllinois Supreme Court · 1877