Legal Opinion
Garrettson v. Pegg
Illinois Supreme Court
Decided June 15, 1872PublishedCited by 8 opinions
Appeal from the Alton City Court; the Hon. Henry S. Baker, Judge, presiding. This was an action of trover, brought by Thomas Pegg against Garrett R. Garrettson, to recover damages for taking and converting forty acres of wheat, which, together with other personal property, had been mortgaged to Thomas Pegg by his father William Pegg. A trial in the court below resulted in a verdict and judgment for $470.75 in favor of the plaintiff. The defendant appeals.
1Opinion of the CourtChief Justice Lawrence
This case involved the validity of a chattel mortgage. The court gave for the claimant under the mortgage, the following instructions :
“If the jury believe, from the evidence, that said chattel mortgage was duly executed and recorded according to law, and that the same purports a consideration, then the presumption of law is that the same is bona fide and valid, and although the jury may further, believe, from the evidence, that the plaintiff was not present when said mortgage was execu- ■ ted, yet that fact would not, of.itself, render said chattel mortgage invalid.”
“If the jury believe,…
2Cited by8 opinions
- People v. CochranIllinois Supreme Court · 1924
- Guardian Mutual Life Ins. v. HoganIllinois Supreme Court · 1875
- People v. SimmonsNew York Court of Appeals · 1973
- Ruth B. Ziegler, Also Known as Ruth Besgrove Ziegler v. Equitable Life Assurance Society of the United StatesCourt of Appeals for the Seventh Circuit · 1961
- Kettlewell v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1955
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