Cook v. Thayer
Illinois Supreme Court
This was an action of replevin, brought by the appellee in the Court of Common Pleas for Cook county, to recover certain chattels, which had been levied upon by the appellant, who was sheriff of Cook county, as being the chattels of one Allen Porter, by virtue of a certain execution, issued out of said Court. The appellant filed several pleas, denying the taking, and averring property in himself, property in Allen Porter, and an avowry, setting out the execution, &c.
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This was an action of replevin, brought by the appellee in the Court of Common Pleas for Cook county, to recover certain chattels, which had been levied upon by the appellant, who was sheriff of Cook county, as being the chattels of one Allen Porter, by virtue of a certain execution, issued out of said Court. The appellant filed several pleas, denying the taking, and averring property in himself, property in Allen Porter, and an avowry, setting out the execution, &c. Issues were joined, proofs taken, and the cause was submitted to the Court, Spring, Judge, presiding, for trial, at the May…
1Opinion of the Court
Opinion by Treat, C. J.:
It is declared by statute, that “any mortgage of personal property, so certified, shall be admitted to record by the recorder of the county in which the mortgagor shall reside at the time when the same is made, acknowledged and recorded ; and shall, thereupon, if bona fide, be good and valid, from the time it is so recorded for a space of time not exceeding two years, notwithstanding the property mortgaged or conveyed by deed of trust, may be left in possession of the mortgagor; Provided, that such conveyance shall provide for the possession of the property so to…
2Cited by4 opinions
- Silvis v. C. Aultman & Co.Illinois Supreme Court · 1892
- Central Trust Co. v. Sheridan Beach Hotel Building Corp.Appellate Court of Illinois · 1930
- Spring Valley Coal Co. v. City of Spring ValleyAppellate Court of Illinois · 1897
- C. Aultman & Co. v. SilvisAppellate Court of Illinois · 1891