Mason v. Fenn
Illinois Supreme Court
This was an action of replevin, commenced by Fenn against Mason, in the Marshall Circuit Court, for one boiler for a steam-engine, one back-stand and one mud-valve, belonging to said boiler — said boiler, &c., the same that were sold and conveyed by John W. Baxley to said Fenn, by chattel mortgage, and then in possession of Baxley, at Smith’s Mill, in Lacón, at the time of bringing suit, in possession of said defendant in engine-house attached to said mill.
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This was an action of replevin, commenced by Fenn against Mason, in the Marshall Circuit Court, for one boiler for a steam-engine, one back-stand and one mud-valve, belonging to said boiler — said boiler, &c., the same that were sold and conveyed by John W. Baxley to said Fenn, by chattel mortgage, and then in possession of Baxley, at Smith’s Mill, in Lacón, at the time of bringing suit, in possession of said defendant in engine-house attached to said mill. When the officer was about to execute the writ of replevin, the parties agreed that the sheriff should • return the writ as having seized…
1Opinion of the CourtTreat, C. J.
On the 23d of June, 1851, Fenn brought an action of replevin against Mason, executor of Smith. On the same day, the parties entered into an agreement as follows: “ It is hereby agreed by the parties to the foregoing suit, that the property claimed by the plaintiff in said suit, to wit, the boiler, back-stand, and mud-valve, may remain in its present position, in the engine-house, attached to said mill, in the possession of the defendant, and subject to his control, until the right of the plaintiff is decided, without prejudice to the rights of the plaintiff ; and should the claim of the…
2Cited by8 opinions
- Sanitary District v. CookIllinois Supreme Court · 1897
- Cromie v. HooverIndiana Supreme Court · 1872
- Young v. Consolidated Imp. Co.Utah Supreme Court · 1901
- Dreiske v. People's Lumber Co.Appellate Court of Illinois · 1903
- Galena Iron Works Co. v. McDonaldAppellate Court of Illinois · 1911
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