Sage v. Browning
Illinois Supreme Court
Writ oe Error to the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of replevin for a horse, originally brought before a justice of the peace, by the appellant, against the appellee, and. judgment was rendered in favor of the defendant. An appeal was taken to the Circuit Court of Knox county, and a trial had before the court and a jury, which resulted in like manner. The plaintiff brings the case to this court upon writ of error.
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Writ oe Error to the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding. This was an action of replevin for a horse, originally brought before a justice of the peace, by the appellant, against the appellee, and. judgment was rendered in favor of the defendant. An appeal was taken to the Circuit Court of Knox county, and a trial had before the court and a jury, which resulted in like manner. The plaintiff brings the case to this court upon writ of error. The case involves a conflict between two chattel mortgages on the property in question, one executed to the plaintiff…
1Opinion of the CourtJustice Lawrence
This case turns upon the question, whether the mortgagee in a chattel mortgage not acknowledged before the proper officer, can hold the property against a junior mortgagee who took with actual notice of the elder mortgage. In the cases of Forrest v. Tinkham,, 29 Ill. 141; Porter v. Dement, 35 ib. 478, and Frank v. Miner, 50 ib. 444, this court has held the elder mortgage to be void in such cases, notwithstanding actual notice.
Counsel for the defendant in error cite Van Pelt v. Knight, 19 Ill. 535, and Hathorn v. Lewis, 22 ib. 395, as holding a different rule. The first case hardly touches…
2Cases cited2 opinions
- Forest v. TinkhamIllinois Supreme Court · 1862
- Van Pelt v. KnightIllinois Supreme Court · 1858
3Cited by9 opinions
- Greenville National Bank v. Evans-Snyder-Buel Co.Supreme Court of Oklahoma · 1900
- Second National Bank v. ThuetAppellate Court of Illinois · 1906
- Harvey v. CraneU.S. Circuit Court for the Northern District of Illnois · 1871
- Fisher v. BollmanAppellate Court of Illinois · 1930
- Jones v. GlathartAppellate Court of Illinois · 1902
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