Legal Opinion

Gregg v. Sanford

Illinois Supreme Court

Decided January 15, 1860PublishedCited by 16 opinions

This is a bill in chancery, filed by Hiram Sanford in the Edgar Circuit Court, against William Snyder, Jacob Gregg and others, on which an injunction was obtained, restraining the defendant, Wm.

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This is a bill in chancery, filed by Hiram Sanford in the Edgar Circuit Court, against William Snyder, Jacob Gregg and others, on which an injunction was obtained, restraining the defendant, Wm. Snyder, who is the sheriff of Edgar county, from proceeding to sell one hundred and fifty head of hogs, upon which he had levied an execution, issued by the clerk of the Circuit Court, upon a judgment obtained in said court by the defendant, Jacob Gregg, against one M. S. Edmiston and David Edmiston. The hogs were levied upon as the property of David Edmiston. The bill sets out that the defendant,…

1Opinion of the CourtBreese, J.

There can be no just pretense of a partnership-in this case, for the complainant positively disclaims it in his bill of complaint. The' case must stand on other grounds-. There would be little diEculty about it, had the mortgage set up in the bill been acknowledged before a district justice of the peace, and recorded in the clerk’s oEce, as the chattel mortgage act requires.

We have examined, with great care, all-the cases to which reference has been made on both sides, and we are by no means satisfied that a party cannot mortgage property to be acquired after the execution of the mortgage,…

2Cases cited1 opinion

  1. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843

3Cited by16 opinions

  1. Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
  2. Webster v. NicholsIllinois Supreme Court · 1882
  3. Mallin v. WenhamIllinois Supreme Court · 1904
  4. Borden v. CroakIllinois Supreme Court · 1889
  5. Barchard v. KohnIllinois Supreme Court · 1895

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