Legal Opinion

Cox v. E. G. T. Colles & Co.

Appellate Court of Illinois

Decided December 4, 1885Published

Error to the Circuit Court of McLean county; the Hon. O. T. Beeves, Judge, presiding.

1Opinion of the CourtConger, J.

The decree of the circuit court in reference to the claim against the Eagle Mills was in our opinion r’ght. The machines were never attached to the premises by the act or with the consent of the owner. They were purchased by Thomas J. Cox, but before being attached to the mill, he sold the premises to his brother, George H.

The act of the engineer in fitting them to the boiler without the knowledge or consent of George II., followed as it was by an immediate disclaimer and detachment, would not make such an actual use of the machine in the mill as is required to constitute a lien. “ The very…

2Cases cited8 opinions

  1. Ruff v. JarrettIllinois Supreme Court · 1880
  2. Reed v. HastingsIllinois Supreme Court · 1871
  3. Mann v. SmyserIllinois Supreme Court · 1875
  4. Wentworth v. DowsMassachusetts Supreme Judicial Court · 1875
  5. Brady v. AndersonIllinois Supreme Court · 1860

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