Lyons v. Peoples Bank of Lexington

The sole question presented for decision in this case is whether a chattel mortgage, to be valid as against the rights and interests of third persons when acknowledged by the mortgagor before a justice of the peace, must be acknowledged before a justice of the peace of the town where the mortgagor resides. The county court of McLean county and the Appellate Court for the Third District have answered the question in the affirmative. The question is here by certiorari for our decision.

Section 2 of the Mortgage act provides: “Such instruments [mortgages on personal property where the property…