Legal Opinion

Laclede Bank v. Keeler

Illinois Supreme Court

Decided June 21, 1882PublishedCited by 2 opinions

Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was an action brought in attachment by the Laclede Bank against Chauncey H. Keeler. The writ was levied upon a certain tract of land in St. Clair county.

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Appeal from the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding. This was an action brought in attachment by the Laclede Bank against Chauncey H. Keeler. The writ was levied upon a certain tract of land in St. Clair county. The St. Louis Carbon Works Company, at the first term, filed an inter-pleader, setting up that it was the owner of the land levied upon; that July 1, 1881, Keeler, for a good and valuable consideration, sold and conveyed it to one H. A. Haeussler, and that the deed was recorded July-9, 1881, before the attachment was levied; that on…

1Opinion of the CourtJustice Walker

The only question presented on this record is, whether, in an attachment suit, where land has been levied on, and a third party interpleads, setting up title, and there is a replication, though the deed is absolute in form, that it was intended to be and was but a mortgage, the court can try the issue, or must it be referred to a court of equity. The act of 1869, amendatory of the chapter entitled “Attachments, ” Rev. Stat. 1845, provides, that “such officer shall, without delay, execute such writ of attachment upon the lands, tenements, goods, chattels, rights, credits, moneys and effects of…

2Cases cited4 opinions

  1. City Insurance v. Commercial BankIllinois Supreme Court · 1873
  2. May v. BakerIllinois Supreme Court · 1853
  3. West v. SchneblyIllinois Supreme Court · 1870
  4. Needham v. ClaryIllinois Supreme Court · 1872

3Cited by2 opinions

  1. Wallace v. MonroeAppellate Court of Illinois · 1887
  2. Farwell v. JenkinsAppellate Court of Illinois · 1886

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