Ketchum v. Watson
Illinois Supreme Court
This was an appeal, from a trial of the right of property-before a justice of the peace, which was tried before Harriott, Judge, in the Circuit Court of Tazewell county. It appears, from the evidence, that the property in question, a horse, was levied on by the constable, as the property of one George Outlaw, in whose possession it was, under an execution against him, in favor of Ketchum, the plaintiff in error.
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This was an appeal, from a trial of the right of property-before a justice of the peace, which was tried before Harriott, Judge, in the Circuit Court of Tazewell county. It appears, from the evidence, that the property in question, a horse, was levied on by the constable, as the property of one George Outlaw, in whose possession it was, under an execution against him, in favor of Ketchum, the plaintiff in error. Watson, the defendant in error, claimed the horse as his property. It appears further, that Watson sold the horse to Outlaw for $80, took his note for the amount, and delivered the…
1Opinion of the CourtBreese, J.
The sale to Outlaw, of the horse in question, made in August, 1859, was perfected by delivery to him. His title was then complete. The resale by Outlaw to Watson, in October following, was not perfected by delivery, nor was there any change of possession; the title, therefore, did not pass. To pass the title as between third persons, there must be a change of possession, so that others may not be deceived and defrauded by the appearance of ownership in one, while the title is really in another. Thompson v. Yeck, 21 Ill. R. 78. The whole transaction is in fraud of the chattel mortgage act. The…
2Cited by15 opinions
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- In re RodgersCourt of Appeals for the Seventh Circuit · 1903
- McCormick v. HaddenIllinois Supreme Court · 1865
- Jones v. ClarkSupreme Court of Colorado · 1894
- Bastress v. ChickeringAppellate Court of Illinois · 1886
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