Marseilles Manufacturing Co. v. Rockford Plow Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Winnebago County; the Hon. William Brown, Judge, presiding. The Marseilles Manufacturing Company replevied from the Rockford Plow Company a corn sheller and horse power, and fixtures; and on trial in the Winnebago Circuit Court without a jury the issues were found and judgment rendered for the defendant, and a writ of retorno habendo awarded.
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Appeal from the Circuit Court of Winnebago County; the Hon. William Brown, Judge, presiding. The Marseilles Manufacturing Company replevied from the Rockford Plow Company a corn sheller and horse power, and fixtures; and on trial in the Winnebago Circuit Court without a jury the issues were found and judgment rendered for the defendant, and a writ of retorno habendo awarded. The facts were agreed upon, at the trial, as follows: On the 26th day of December, 1885, plaintiff, by its agents, Farmer Brothers, sold to one W. C. Morris of the town of Rockford, the property replevied, in payment of…
1Opinion of the CourtBakee, J.
1. If a power be given to the donee and his assigns, it will pass by assignment, if the power be annexed to an interest in the donee. 4 Kent’s Com. 327. In case of a power to sell or take possession of property and sell, given by a mortgagor to the mortgagee and his assignee, and the mortgage is to secure a promissory note or notes, the power is appendant to the estate and coupled with an interest, and part of the mortgage security, and passes by the assignment of the mortgage debt and vests in the assignee, and such assignee may execute the power. In the case at bar we will waive the…
2Cases cited9 opinions
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Pardee v. LindleyIllinois Supreme Court · 1863
- Barbour v. WhiteIllinois Supreme Court · 1865
- Cleaves v. HerbertIllinois Supreme Court · 1871
- Funk v. McReynold's Adm'rs.Illinois Supreme Court · 1864
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3Cited by3 opinions
- Schultz v. Plankinton BankAppellate Court of Illinois · 1891
- Woodward v. DonovanAppellate Court of Illinois · 1912
- Colburn v. CoburnCourt of Appeals of Texas · 1919