Legal Opinion

Waterman v. Donalson

Illinois Supreme Court

Decided January 15, 1867PublishedCited by 3 opinions

Writ of Error to the Circuit Court of the county of Macon; the Hon. Charles Emerson, Judge, presiding. This was an action of replevin, brought by Henry C. Waterman, in the Fayette Circuit Court, against John T. Dalton, for the recovery of a quantity of goods, wares and merchandise.

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Writ of Error to the Circuit Court of the county of Macon; the Hon. Charles Emerson, Judge, presiding. This was an action of replevin, brought by Henry C. Waterman, in the Fayette Circuit Court, against John T. Dalton, for the recovery of a quantity of goods, wares and merchandise. The declaration was in the usual form, and the defendant filed pleas of non cejpit, non detinet, property in Waterman and Anderson, and a plea justifying the taking, as sheriff of Fayette county, by virtue of certain writs of attachment in his hands against Waterman. The venue was afterward changed to the Circuit…

1Opinion of the CourtChief Justice Walkee

It is insisted, that the sale from David A. Waterman and Joseph Anderson, to Henry C. Waterman was bona fide, and that the court below erred in finding for the defendant. That David A. Waterman was indebted to plaintiff in error, in the sum of $1,000 and interest thereon, there seems to be no doubt. And that the note was given up seems to be equally well established. Mor does there seem to be any evidence that this debt was fraudulent. It is also proved, that plaintiff in error paid to Anderson $300 for his interest. And the balance of the consideration appears to have consisted of an…

2Cited by3 opinions

  1. Schroeder v. WalshIllinois Supreme Court · 1887
  2. Meachem v. Henry Hahn & Co.Appellate Court of Illinois · 1892
  3. Farwell v. BrownU.S. Circuit Court for the District of Western Wisconsin · 1880

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