Koplin v. Anderson
Illinois Supreme Court
Appeal from the Circuit Court of Ford county. This was an action of replevin, brought by John A. Koplin, against Christopher Anderson and George Campbell, to recover a lot of corn. Counts in trover were added. It appears one James Cayler, on June 1, 1876, gave the defendants a chattel mortgage on a crib of 2000 bushels of corn, and other property, to secure a debt of $1113.51, due in one year.
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Appeal from the Circuit Court of Ford county. This was an action of replevin, brought by John A. Koplin, against Christopher Anderson and George Campbell, to recover a lot of corn. Counts in trover were added. It appears one James Cayler, on June 1, 1876, gave the defendants a chattel mortgage on a crib of 2000 bushels of corn, and other property, to secure a debt of $1113.51, due in one year. No entry was made by the justice taking the acknowledgment, of the property, on his docket. About a month after, Cayler also executed another mortgage on the corn, properly acknowledged and entered in…
1Opinion of the CourtJustice Walker
This record presents the question, whether the omission of a justice of the peace, on taking the acknowledgment of a chattel mortgage, to make a memorandum of the property mortgaged, in his docket, renders the mortgage invalid as to other lienholders. The statute (Rev. Stat. 1874, page 711,) provides, that such instruments shall be acknowledged before a justice of the peace of the town or district where the mortgagor resides, etc., and gives the form of the acknowledgment. It also provides, that, if made by a resident of this State, the justice shall enter on his docket a memorandum of the…
2Cases cited1 opinion
- Schroder v. KellerIllinois Supreme Court · 1876
3Cited by7 opinions
- Hummell v. HarringtonSupreme Court of Florida · 1926
- Crescent Coal & Mining Co. v. RaymondAppellate Court of Illinois · 1894
- Griffen v. HenryAppellate Court of Illinois · 1901
- Niepschield v. ReussAppellate Court of Illinois · 1901
- Guest Piano Co. v. MooreAppellate Court of Illinois · 1910
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