Read v. Wilson
Illinois Supreme Court
This was an action of replevin for twenty gold watches and twelve silver watches, valued at $2,500. Writ issued December 12, 1857, and served December 15, 1857, and property delivered plaintiffs. Declaration filed, claiming above property.
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This was an action of replevin for twenty gold watches and twelve silver watches, valued at $2,500. Writ issued December 12, 1857, and served December 15, 1857, and property delivered plaintiffs. Declaration filed, claiming above property. Defendant pleaded: 1st, Property in himself; 2nd, That he took the property, as sheriff of Cook county, by virtue of an execution directed to him from Cook County Court of Common Pleas, dated December 11th, 1857, against R. W. Roath, impleaded with W. Tyler Roath; 3rd, Property in said Roaths. Replication : first, That said property was plaintiffs’;…
1Opinion of the CourtCaton, C. J.
The clause in this mortgage, allowing the mortgagors to retain possession of the stock of goods and to sell them, is substantially like that in the case of Davis v. Ransom, 18 Ill. R. 396, and must be held not sanctioned by our statute relating to chattel mortgages, so as to protect the mortgagees against subsequent creditors and purchasers, while the mortgagor is allowed to continue in the possession of the property. The clause allowing the mortgagor to retain possession is inadequate to the purpose designed, and so far as it was designed to effect that purpose, it was fraudulent and void,…
2Cited by14 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
- Garrison v. Street & Harper Furniture & Carpet Co.Supreme Court of Oklahoma · 1908
- McIntosh v. SmileyMissouri Court of Appeals · 1888
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