Curran v. Bernard
Appellate Court of Illinois
Appeal from the County Court of Cook county; the Hon. Mason B. Loomis, Judge, presiding. This was an action of replevin brought by Mary Bernard, against John J. Curran, Charles Kern and Homer B. Galpin, to recover possession of a horse, harness and buggy, claimed by the plaintiff as her property. The suit was commenced before a justice of the peace of Cook county, where judgment was rendered for the defendants.
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Appeal from the County Court of Cook county; the Hon. Mason B. Loomis, Judge, presiding. This was an action of replevin brought by Mary Bernard, against John J. Curran, Charles Kern and Homer B. Galpin, to recover possession of a horse, harness and buggy, claimed by the plaintiff as her property. The suit was commenced before a justice of the peace of Cook county, where judgment was rendered for the defendants. In the County Court of Cook county, where the cause was taken by appeal, two trials have been had, each resulting in a verdict, finding the issues for the plaintiff, and also finding…
1Opinion of the CourtBailey, P. J.
It is a well settled rule of law that a purchaser of personal property, in order to acquire title as against creditors of the vendor, or purchasers without notice, must reduce it to actual possession before their rights attach. Lewis v. Swift, 54 Ill. 436; Broadwell v. Howard, 77 Id. 305; Corgan v. Frew, 39 Id. 31; Lefever v. Mires, 81 Id. 456; Richardson v. Bardin, 88 Id. 124. Where the property is of such character as to be capable of being removed, there must be a real and permanent delivery and change of possession, to enable the purchaser to hold the property against an officer levying…
2Cases cited2 opinions
- Allen v. CarrIllinois Supreme Court · 1877
- Lewis v. SwiftIllinois Supreme Court · 1870
3Cited by1 opinion
- Lowe v. MatsonAppellate Court of Illinois · 1890