Hunt v. Bullock
Illinois Supreme Court
This was a bill in chancery filed in the St. Clair Circuit Court, by the appellant, as trustee of the bondholders of the Terre Haute, Alton and St. Louis Railroad Company, to restrain the appellees from selling on execution certain fuel and office furniture belonging to the said railroad company, which had been levied on by the sheriff of said, county, to satisfy certain judgments in favor of the appellees, on the ground that the property in question was held by the…
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This was a bill in chancery filed in the St. Clair Circuit Court, by the appellant, as trustee of the bondholders of the Terre Haute, Alton and St. Louis Railroad Company, to restrain the appellees from selling on execution certain fuel and office furniture belonging to the said railroad company, which had been levied on by the sheriff of said, county, to satisfy certain judgments in favor of the appellees, on the ground that the property in question was held by the appellant as trustee, under the mortgages given by said railroad company, to secure the payment of their bonds. A demurrer to…
1Opinion of the CourtWalker, J.
We shall first examine whether fuel and office furniture, when owned by a railroad company, is real estate, and the company thereby, not required, in executing a mortgage on such articles, to comply with the chattel mortgage law. It is too plain a principle to require argument or reference to authorities, that there is a marked difference between real and personal estate. All commentators and judicial determinations on the subject, have held that real estate embraces such things as are. permanent, fixed and immovable, and which cannot be carried out of their places, as lands and tenements.…
2Cited by6 opinions
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- Cooper v. CorbinIllinois Supreme Court · 1882
- Machette v. WanlessSupreme Court of Colorado · 1870
- Calumet Iron & Steel Co. v. LathropAppellate Court of Illinois · 1890
- Clark v. WoodruffAppellate Court of Illinois · 1902
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