Bell v. Shrieve
Illinois Supreme Court
This was a suit in trover originally brought before a justice of the peace in Marshall county, by the appellee against the appellant, and taken, by appeal, to the circuit court of Marshall county, Leland, Judge, when it was tried at the January term, 1853, and judgment rendered for the appellee, the plaintiff below. The defendant below appealed. The facts of the case appear in the opinion of the court.
1Opinion of the CourtScates, J.
Upon the trial of an action of trover on appeal, the jury rendered a verdict for Shrieve, the plaintiff below, upon the following facts and instructions; the giving of one of which for Shrieve, and the refusal of a new trial, are the errors relied on here. On the 31st December, 1850, Shrieve executed his note to Bell for $206.50, payable 1st November, 1851, with ' interest. At the same time, to secure the payment, he executed a mortgage upon a wagon, harness, and two horses, one a bay, the other a sorrel, called Bill. The defeasance provided, that the possession should remain with Shrieve…
2Cited by2 opinions
- Person v. WilsonSupreme Court of Minnesota · 1878
- Swartwout v. EvansIllinois Supreme Court · 1865