Forest v. Tinkham
Illinois Supreme Court
This is a suit in equity, brought by the plaintiffs Forest to enforce the payment of a chattel mortgage, alleged to have been given by Carl, Fabian & Co., to secure a debt of $5,000, with interest, payable to the Forests, April 1st, 1861. The Superior Court, on the hearing, dismissed the bill, and this is assigned for error. The facts of the case are sufficiently stated in the opinion of the Court.
1Opinion of the CourtWalker, J.
The mortgage executed by Carl, Fabian & Ellis, to secure the payment of a debt which they owed to Forest, was not acknowledged before a justice of the peace of the precinct in which either of them resided. It was not recorded, nor had Forest acquired possession of the property, when Tinkham and Ambler purchased of Carl, Fabian & Ellis. Failing in these requirements, whilst it was binding upon the parties to it, yet it was void as to third persons. But it is insisted that the evidence shows, that Tinkham and Ambler, at the time they made the purchase, not only recognized its validity, but…
2Cited by9 opinions
- Greenville National Bank v. Evans-Snyder-Buel Co.Supreme Court of Oklahoma · 1900
- Long v. CockernIllinois Supreme Court · 1889
- Sage v. BrowningIllinois Supreme Court · 1869
- Second National Bank v. ThuetAppellate Court of Illinois · 1906
- Harvey v. CraneU.S. Circuit Court for the Northern District of Illnois · 1871
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