Goodheart v. Johnson
Illinois Supreme Court
Appeal from the Circuit Court of McLean county. This was an action of replevin, by appellee against appellant. One Milton Bozarth recovered a judgment for about $1,827 against Ward P. Johnson, the son of appellee, on the 24th day of February, 1876, on which an execution issued the same day and came into the hands of appellant, sheriff of the county, who levied it, on the 25th day of February, 1876, upon- the property in controversy, being of considerable amount, consisting…
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Appeal from the Circuit Court of McLean county. This was an action of replevin, by appellee against appellant. One Milton Bozarth recovered a judgment for about $1,827 against Ward P. Johnson, the son of appellee, on the 24th day of February, 1876, on which an execution issued the same day and came into the hands of appellant, sheriff of the county, who levied it, on the 25th day of February, 1876, upon- the property in controversy, being of considerable amount, consisting of cattle, horses, hogs, wagons, harness, corn, hay and divers farming implements. Appellee replevied the property,…
1Opinion of the CourtJustice Sheldon
It is insisted that upon the state of facts appearing, the chattel mortgage was fraudulent and void as against creditors. The transaction was in fact somewhat different from what it appeared to be on its face. Still, if the mortgage, for the most part, was not to secure the payment of an absolute debt, as it purported, but was in truth, and in good faith, to secure against a contingent liability as surety, the latter would be a good consideration and sufficient to sustain the mortgage. And although appellee had ■ not in fact paid the debts for which he was surety, if he would have them to…
2Cases cited1 opinion
- Barnet v. FergusIllinois Supreme Court · 1869
3Cited by15 opinions
- Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
- Southern Surety Co. v. Peoples State BankIllinois Supreme Court · 1928
- Lane v. StarrSouth Dakota Supreme Court · 1890
- Minor v. SheehanSupreme Court of Minnesota · 1883
- William Deering & Co. v. WashburnIllinois Supreme Court · 1892
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