Rydberg v. Smith
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Western Division of the Northern District of Illinois. In the matter of Alva G. Sturtevant and Esther Nygren, copartners as Nygren & Co., bankrupts. John Z. Rydberg, executor of the estate of John Blomberg, deceased, appeals from an order of the District Court.
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Appeal from the District Court of the United States for the Western Division of the Northern District of Illinois. In the matter of Alva G. Sturtevant and Esther Nygren, copartners as Nygren & Co., bankrupts. John Z. Rydberg, executor of the estate of John Blomberg, deceased, appeals from an order of the District Court. Appellant appeals from the order of the District Court disallowing all rights and benefits asserted under a certain chattel mortgage securing the claim of his testator against the bankrupts. The facts are stipulated into the record as follows, viz.: That on April 30, 19C7, the…
1Opinion of the CourtKohrsaat, Circuit Judge
(after stating the facts as above). Under the Illinois statute, a chattel mortgage is good as against the mortgagor and those representing him, even though unacknowledged (McDowell v. Stewart, 83 Ill. 538), or unrecorded (Barchard v. Kohn, 157 Ill. 579. 41 N. E. 902, 29 L. R. A. 803). As against creditors and third parties, an unrecorded mortgage prevails over all claimants not armed with an execution or writ of attachment or other process of the courts, subsequent incumbrancers, purchasers in possession, or other adverse possession based upon some lien. Sumner v. McKey, 89 Ill. 127; Union…
2Cases cited17 opinions
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Barchard v. KohnIllinois Supreme Court · 1895
- Hooven, Owens & Rentschler Co. v. BurdetteIllinois Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dougherty v. First Nat. Bank of CantonCourt of Appeals for the Sixth Circuit · 1912
- Deupree v. WatsonCourt of Appeals for the Sixth Circuit · 1914
- In re WatsonDistrict Court, E.D. Kentucky · 1912
- Chicago Title & Trust Co. v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1917
- Davis v. Hanover Savings Fund SocietyCourt of Appeals for the Fourth Circuit · 1913
6 more not listed; retrieve them via the Exa API.