Laclede Bank v. Keeler
Illinois Supreme Court
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
- City Insurance v. Commercial BankIllinois Supreme Court · 1873
- May v. BakerIllinois Supreme Court · 1853
- West v. SchneblyIllinois Supreme Court · 1870
- Needham v. ClaryIllinois Supreme Court · 1872
3Cited by2 opinions
- Wallace v. MonroeAppellate Court of Illinois · 1887
- Farwell v. JenkinsAppellate Court of Illinois · 1886