Brawner v. Lomax
Illinois Supreme Court
This was an action of replevin brought for sundry goods and chattels by the defendants against the plaintiff, in the Circuit Court of Hancock county. At May term, 1857, Sibley, Judge, presiding, the cause was tried before a jury, and a verdict and judgment was rendered for the plaintiffs below.
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This was an action of replevin brought for sundry goods and chattels by the defendants against the plaintiff, in the Circuit Court of Hancock county. At May term, 1857, Sibley, Judge, presiding, the cause was tried before a jury, and a verdict and judgment was rendered for the plaintiffs below. The affidavit, upon which the writ was issued, was as follows: “ Robert Lomax being first duly sworn, doth depose and say that Robert and Alfred Lomax are now entitled to the possession of the following goods and chattels and property, to wit: All the furnitures, wares, etc., lately used in the Fort…
1Opinion of the CourtBreese, J.
On reason and authority, the title to the chattels in controversy, as between the parties, Smith and the Lomaxes, passed unconditionally to Smith at the time the possession was delivered by the Lomaxes to him. The sale was complete, and the delivery unconditional, as all the proof shows. This being so, Brawner had a perfect right to purchase the chattels of Smith and take possession of them. Smith v. Dennis, 6 Pickering, 262; Jennings v. Goss et al., 13 Ill. R. 611; Brundage v. Camp, 21 ib. 330.
The verdict was against the evidence, and a new trial should have been awarded.
Upon the other…
2Cited by3 opinions
- Schofield v. SettleyIllinois Supreme Court · 1863
- Claycomb v. MungerIllinois Supreme Court · 1869
- Crawford v. Abraham Lincoln Life InsuranceAppellate Court of Illinois · 1934