Brown v. Riley
Illinois Supreme Court
This was an action of replevin commenced in the Knox Circuit Court to recover two horses, one double wagon, and one double harness, claimed by the plaintiff, and was tried in that court before a jury at the April term, A. D. 1858. Verdict and judgment for plaintiff. Motion for a new trial by the defendant overruled. Declaration that defendant unlawfully took two horses, one wagon, and one harness, and unjustly detained the samé.
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This was an action of replevin commenced in the Knox Circuit Court to recover two horses, one double wagon, and one double harness, claimed by the plaintiff, and was tried in that court before a jury at the April term, A. D. 1858. Verdict and judgment for plaintiff. Motion for a new trial by the defendant overruled. Declaration that defendant unlawfully took two horses, one wagon, and one harness, and unjustly detained the samé. Five pleas were filed as follows: 1st. Did not take and retain the property. 2nd. Did not unlawfully take or detain. 3rd. The property was not the property of the…
1Opinion of the CourtWalker, J.
The first question presented by this record is whether the sale of the property in controversy was fair and bona fide. The evidence tends to show that Gibney had previously executed a mortgage on the property to Moony, for the sum of three hundred and sixty dollars. And appellee purchased the property of Gibney, and he gave his note to Moony for two hundred and seventy-five dollars, and was to pay Gibney twenty-five. The property was delivered to appellee on the day of its sale, and remained in his possession from that time until the day upon which it was seized on execution. On that day,…
2Cited by10 opinions
- Bowden v. BowdenIllinois Supreme Court · 1874
- Seaton v. RuffAppellate Court of Illinois · 1888
- Wright v. GroverIllinois Supreme Court · 1862
- Cunningham v. HamiltonIllinois Supreme Court · 1860
- Jenney v. JacksonAppellate Court of Illinois · 1880
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