Legal Opinion

Beach v. Derby

Illinois Supreme Court

Decided April 15, 1858PublishedCited by 9 opinions

APPEAL PROM COOK. This was an action of replevin, commenced by plaintiff below (the appellee here) against the defendant below (the appellant), September 5th, 1856. The writ was issued for the recovery of the following property, specified therein, to wit: Four horses, two omnibuses, two sets of harness, four bedsteads and cords, thirty-two mattrasses, twenty-two straw beds, thirty-one sheets, sixty-two pillows, thirty-one pillow cases, nine bed-spreads, sixty-nine…

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APPEAL PROM COOK. This was an action of replevin, commenced by plaintiff below (the appellee here) against the defendant below (the appellant), September 5th, 1856. The writ was issued for the recovery of the following property, specified therein, to wit: Four horses, two omnibuses, two sets of harness, four bedsteads and cords, thirty-two mattrasses, twenty-two straw beds, thirty-one sheets, sixty-two pillows, thirty-one pillow cases, nine bed-spreads, sixty-nine comforters, eight quilts, seventeen washstands, twelve chamber sets, five looking-glasses, nine window curtains and fixtures,…

1Opinion of the Court

Catón, C. J.

James N. Graves executed two chattel mortgages upon the property for which this action is brought. The first was to Horatio Graves, and the other to John B. Clark. The plaintiff below claims the property as the assignee of both these mortgages. Both mortgages contained provisions, authorizing the mortgagor to retain the possession and use of the property till default should be made iu the payment of the notes; but they also provided that in case any execution or attachment against the mortgagor should be levied on the goods, the mortgagees or their assigns should thereupon have…

2Cited by9 opinions

  1. Barchard v. KohnIllinois Supreme Court · 1895
  2. Pike v. ColvinIllinois Supreme Court · 1873
  3. Marquam v. SengfelderOregon Supreme Court · 1893
  4. Lewis v. D'ArcyIllinois Supreme Court · 1874
  5. Chase Brothers Piano Co. v. ConnersAppellate Court of Illinois · 1913

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