Christenson v. Hanna
Appellate Court of Illinois
Error to the Municipal Court of Chicago; the Hon. Perry L. Persons, Judge, presiding. Heard in this court at the March term, 1912.
1Opinion of the Court
Mr. Presiding Justice Baker
delivered the opinion of the court.
While it is true that a writ of replevin will lie for the recovery of a deed where the object is to recover possession of the specific paper and not to test the right to the land which it in terms conveys, the writ will not lie for the unlawful taking or wrongful detention of a title deed where there is a dispute about its delivery and the controversy involves the determination of the title to the land described in the deed. Hooker v. Latham, 118 N. C. 179; Campbell v. Brooks, 93 Miss. 853; Flannigan v. Goggins, 71 Wis. 28; Cobbe…
2Cases cited3 opinions
- Flannigan v. GogginsWisconsin Supreme Court · 1888
- Campbell v. BrooksMississippi Supreme Court · 1908
- Hooker v. . LathamSupreme Court of North Carolina · 1896
3Cited by1 opinion
- Walden v. FellerNew York Supreme Court · 1917