Schneider v. Westerman
Illinois Supreme Court
This was a replevin suit. The affidavit claims that plaintiff is entitled to the possession of sixteen beer tubs, now in the possession of the defendant, and unjustly detained by him. The declaration contains two counts — one in the detenuit, and the other in the detinit. The first plea denies the taking. The second denies the detaining. The thirds pleads property in defendant. The fourth that the defendant claims the property as the administrator of Henry Ewalt.
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This was a replevin suit. The affidavit claims that plaintiff is entitled to the possession of sixteen beer tubs, now in the possession of the defendant, and unjustly detained by him. The declaration contains two counts — one in the detenuit, and the other in the detinit. The first plea denies the taking. The second denies the detaining. The thirds pleads property in defendant. The fourth that the defendant claims the property as the administrator of Henry Ewalt. Trial by jury, and verdict for defendant of not guilty. The plaintiff introduced a chattel mortgage, recorded December 17,1859,…
1Opinion of the CourtWalker, J.
All of the evidence in this record concurs in establishing the fact that all of these beer puncheons, except five, were not removed from Seo’s or delivered by him until after the death of Ewalt. And as the title to personal property cannot vest in the purchaser until the purchase is completed, and nothing remains to be performed under the agreement; until the puncheons were completed and ready for delivery, the title to the property was not vested in Ewalt. The • title could not vest by force of the agreement to manufacture them. Until completed ready for delivery, and notice to remove them,…
2Cited by4 opinions
- Elder v. Insurance Co. of North AmericaAppellate Court of Illinois · 1917
- In Re Enterprise Foundry Co.District Court, E.D. Illinois · 1941
- Conboy v. PettyAppellate Court of Illinois · 1895
- Herring Hall Marvin Safe Co. v. EvattUnited States Board of Tax Appeals · 1945