Van Pelt v. Knight
Illinois Supreme Court
error to cook. This was an action of replevin commenced in the Cook Circuit Court, Manierre, Judge, presiding, tried by a jury, and a verdict in favor of the defendants. The plaintiff below sues out this writ of error. Replevin bond given and accepted by the coroner, the sheriff being a party to said suit. Writ executed by coroner, by putting said plaintiff in possession of the greater part of the property mentioned in said writ, and by reading the same to the defendants.
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error to cook. This was an action of replevin commenced in the Cook Circuit Court, Manierre, Judge, presiding, tried by a jury, and a verdict in favor of the defendants. The plaintiff below sues out this writ of error. Replevin bond given and accepted by the coroner, the sheriff being a party to said suit. Writ executed by coroner, by putting said plaintiff in possession of the greater part of the property mentioned in said writ, and by reading the same to the defendants. Declaration contains one count in the cepit, with a count in trover added. Demurrer filed by defendant, alleging that said…
1Opinion of the Court
Catón, C. J.
Sink, the original owner of the property, on the 17th of March, 1856, executed a chattel mortgage upon it, to secure a debt due, one year from that date, which provided that the mortgagor should retain possession till default in the payment should be made. Afterwards, and before the debt became due, Sink sold the property to Sherry, subject to the mortgage, aud he agreed to pay the mortgage debt. On the 17th of February, 1857, and before the first mortgage matured, Sherry mortgaged the same property to Law, to secure a debt of $1,000, which was to run one year, and provided, that…
2Cited by5 opinions
- Sage v. BrowningIllinois Supreme Court · 1869
- Ballinger v. Rezner ex rel. MartensAppellate Court of Illinois · 1895
- Magerstadt v. HarderAppellate Court of Illinois · 1901
- W. W. Kimball Co. v. PiperAppellate Court of Illinois · 1903
- McCreary v. HannahAppellate Court of Illinois · 1895