Sword v. Low
Illinois Supreme Court
Appeal from the "Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. H. M. Shepard, Judge, presiding. In December, 1880, Thomas L. Iiempster purchased of William W. Marsh, of Sycamore, Illinois, an engine and boiler, at. the price of $800, $200 of which was to be paid on delivery, and for the balance he gave two notes, of $300 each, each to be secured by mortgage on real or personal property.
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Appeal from the "Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. H. M. Shepard, Judge, presiding. In December, 1880, Thomas L. Iiempster purchased of William W. Marsh, of Sycamore, Illinois, an engine and boiler, at. the price of $800, $200 of which was to be paid on delivery, and for the balance he gave two notes, of $300 each, each to be secured by mortgage on real or personal property. Wolford N. Low, appellee, was acting as agent of Marsh, in Chicago, and about January 1, 1881, Marsh shipped the engine and boiler to…
1Opinion of the CourtJustice Shope
The principal question presented in this record is, whether the1 boiler and engine in controversy, under the circumstances of the case, passed by the deed of Kempster and wife to Sword, or were subject to the lien of the chattel mortgage in favor of Marsh. At the time of the execution of the chattel mortgage of April 4, 1881, this property was in nowise connected with the realty, but about May 14, when Kempster purchased lot 14 of Jackson, it was placed thereon. There is a sharp conflict in the evidence as to the character of the attachment of this machinery at the time of making the chattel…
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