Ragland v. McFall
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;— Beard in that court on appeal from the City Court of East St. Louis; the Hon. B. H. Caney, Judge, presiding. This case is fully stated in the following opinion of the Appellate Court, by Phillips, J.: “On December 24, 188J, appellant, as sheriff of St. Clair county, by virtue of an execution in favor of P. P. Manion, levied on certain property as the property of the Biver Bendering Company.
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Appeal from the Appellate Court for the Fourth District;— Beard in that court on appeal from the City Court of East St. Louis; the Hon. B. H. Caney, Judge, presiding. This case is fully stated in the following opinion of the Appellate Court, by Phillips, J.: “On December 24, 188J, appellant, as sheriff of St. Clair county, by virtue of an execution in favor of P. P. Manion, levied on certain property as the property of the Biver Bendering Company. Appellee brought her action of replevin to recover the property, and to her declaration appellant filed pleas of non detinet, property in himself,…
1Opinion of the CourtChief Justice Scholfield
Court:
Appellee claims title by virtue of a contract made at the time of surrendering the possession of the property to her, whereby it was agreed that it should be delivered to and accepted by her in payment of her indebtedness against the company. Since this is not inconsistent with a prior mortgage to her upon the same property, and sale thereunder, the question of the existence, in fact, of such mortgage or the making of such sale is manifestly unimportant. Such an agreement might be made, where a mortgage had been executed, to obviate all questions of its legality and of the validity of a…
2Cases cited4 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Reichwald v. Commercial Hotel Co.Illinois Supreme Court · 1883
- Wood Hydraulic Hose Mining Co. v. KingSupreme Court of Georgia · 1872
- Woodbridge v. Proprietors of AddisonSupreme Court of Vermont · 1834
3Cited by7 opinions
- Warren v. First National Bank of ColumbusIllinois Supreme Court · 1893
- Thompson v. Laboringman's Mercantile & Manufacturing Co.West Virginia Supreme Court · 1906
- Gottlieb v. MillerIllinois Supreme Court · 1894
- McCormick v. Unity Co.Illinois Supreme Court · 1909
- Peterson v. Brabrook Tailoring Co.Illinois Supreme Court · 1894
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