Springer v. Lipsis
Appellate Court of Illinois
Trover.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding. Heard in this court at the October term, 1902. In March, 1898, appellee brought an action of trover against appellant and one McDonald.
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Trover.—Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge presiding. Heard in this court at the October term, 1902. In March, 1898, appellee brought an action of trover against appellant and one McDonald. The declaration charged that in October, 1897, appellee was legally possessed of the goods in question, being of the value of $5,000, and on that day lost them, and they came into the possession of the defendants, who converted them to their own use. McDonald filed a plea of the general issue. Appellant filed a plea setting up the levy of a distress warrant…
1Opinion of the CourtJustice Ball
There is a conflict of evidence as- to the possession of the premises and of the goods prior to and at the time of the levy. The verdict decides this question in favor of appellee. An examination of the record brings us to the same conclusion.
The chattel mortgage, although imperfect, was good as between the parties. The mortgagee having taken possession under it, these defects became immaterial, except as to creditors then having a lien upon the goods. Porter v. Dement, 35 Ill. 480; Chipron v. Feikert, 68 Ill. 285; McDowell v. Stewart, 83 Ill. 540.
The mortgagee having acquired lawful…
2Cases cited4 opinions
- Funk v. StaatsIllinois Supreme Court · 1860
- Hart v. WingIllinois Supreme Court · 1867
- Clayes v. WhiteIllinois Supreme Court · 1876
- Feltenstein v. SteinIllinois Supreme Court · 1895