Morgan v. Campbell
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a contest between a landlord of demised premises claiming rent, and the assignee in- bankruptcy of his tenants, claiming certain personal property on the premises, out of which the landlord by distress expected to get his rent.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. This was a contest between a landlord of demised premises claiming rent, and the assignee in- bankruptcy of his tenants, claiming certain personal property on the premises, out of which the landlord by distress expected to get his rent. The case, which depended more or less upon statute law of Illinois, in force at the time of the landlord’s levy, was thus: A statute of Illinois known as its Landlord and Tenant Act,* enacts as follows, in certain sections its enactments bearing oh the subject of rent,…
1Opinion of the CourtJustice Davis
The bill in this case cannot be sustained unless the laws of Illinois conferred upon the landlord a statutory lien upon the personal property of the tenant in the county prior to the levy of the warrant. If the lien existed independently of the warrant, and the warrant was used merely as a means of enforcing it, then the theory of the bill is correct. On the contrary, if no lien could be acquired until at least the warrant was actually levied, the court below did not err in dismissing the bill.
The sixth and seventh sections of the Illinois Landlord and Tenant Statute speak of distress for…
2Cited by31 opinions
- Britton v. Western Iowa Co.Court of Appeals for the Eighth Circuit · 1925
- In re BennettCourt of Appeals for the Sixth Circuit · 1907
- Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
- Cottrell v. GersonAppellate Court of Illinois · 1938
- Lovett v. LeeSupreme Court of Florida · 1940
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