Cass v. Perkins
Illinois Supreme Court
This was an action of replevin for some horses, etc., commenced by appellant against appellee, in the Circuit Court of Sangamon county, at the August term, 1859. The facts of the case are as follows: One Rodham loaned one Ford $600, and subsequently said Rodham assigned the note and mortgage, which he took from said Ford to secure said loan, to the appellant, Cass.
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This was an action of replevin for some horses, etc., commenced by appellant against appellee, in the Circuit Court of Sangamon county, at the August term, 1859. The facts of the case are as follows: One Rodham loaned one Ford $600, and subsequently said Rodham assigned the note and mortgage, which he took from said Ford to secure said loan, to the appellant, Cass. Cass then became the legal holder of the note and mortgage, and .as such legal owner and holder, he commenced this replevin suit in the circuit aforesaid. This promissory note bears date the ninth day of March, and is payable on or…
1Opinion of the CourtWalker, J.
The mortgage under which plaintiff claims the property in controversy, became absolute by its terms, on the first day of July, 1859, by the maturity of the notes, to secure which it was executed. The mortgagee made no effort to reduce the property into his possession, until the fourth of the same month. The execution against the mortgagor, was placed in the hands of the sheriff, as appears by his return, on the twenty-fifth day of June previous to the maturity of the mortgage. This, then, presents the question, whether the execution, as against the mortgagee, became a prior lien upon this…
2Cited by6 opinions
- Mumford v. CantyIllinois Supreme Court · 1869
- Brereton v. BennettSupreme Court of Colorado · 1890
- Shannon v. WolfIllinois Supreme Court · 1898
- Silvis v. C. Aultman & Co.Illinois Supreme Court · 1892
- Bower v. PoppAppellate Court of Illinois · 1926
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