Brownell v. Dixon
Illinois Supreme Court
Appeal from the Circuit Court of McLean County; the Hon. J. M. Scott, Judge, presiding. This was an action of replevin, commenced in the Circuit Court of McLean county, hy William Brownell against Horval-Dixon, the sheriff of that county. The declaration is in the cepit and detinet, for two billiard tables.
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Appeal from the Circuit Court of McLean County; the Hon. J. M. Scott, Judge, presiding. This was an action of replevin, commenced in the Circuit Court of McLean county, hy William Brownell against Horval-Dixon, the sheriff of that county. The declaration is in the cepit and detinet, for two billiard tables. The defendant pleaded: First, That the property was not the property of the plaintiff; Second, That it was the property of Byron W. Gray; Third, An avowry as to the taking, as sheriff of McLean county, and the detention, by virtue of an execution from the McLean Circuit Court in favor of…
1Opinion of the CourtJustice Breese
The only questions made in this case, arise on the third and sixth instructions given by the court, on behalf of the defendant. The third is as follows: The possession of personal property is prima fade evidence of ownership, and the term “personal property,” applies as well to notes and money, as to goods and chattels.
The truth of this proposition is not denied, but it is insisted, it was not applicable to the case, and was calculated to mislead the jury.
It appears, certain notes amounting to four thousand dollars, were claimed as having been presented as a gift by one Steere, the…
2Cited by9 opinions
- Wortman v. PriceIllinois Supreme Court · 1868
- First National Bank v. GattonIllinois Supreme Court · 1898
- Walker v. CarringtonIllinois Supreme Court · 1874
- People v. Four Thousand Eight Hundred Fifty DollarsAppellate Court of Illinois · 2011
- Robinson v. BremsIllinois Supreme Court · 1878
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