Prior v. White
Illinois Supreme Court
This was a trial of the right of property, before a Justice of the Peace of Hancock County. White was the claimant under a chattel mortgage from Daniel Prentiss. Prior claimed the property by virtue of an execution in his favor, against Prentiss. The cause was taken to the Circuit Court of Hancock County, and was tried before Minshall, Judge, and a jury at September Term, 1850, when a verdict and judgment were rendered for the complainant, White.
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This was a trial of the right of property, before a Justice of the Peace of Hancock County. White was the claimant under a chattel mortgage from Daniel Prentiss. Prior claimed the property by virtue of an execution in his favor, against Prentiss. The cause was taken to the Circuit Court of Hancock County, and was tried before Minshall, Judge, and a jury at September Term, 1850, when a verdict and judgment were rendered for the complainant, White. Pi’ior, by writ of error, brings the cause to the Supreme Court, and assigns for error, the admitting of the chattel mortgage, the notes and notiee…
1Opinion of the CourtCaton, J.
It has been held, that in case of a chattel mortgage, when under a provision in the mortgage, the mortgagor retains the possession and use of the property, he has such a legal interest in the property as may be seized and sold on an execution against him—the purchaser under the execution, succeeding to all the rights of the mortgagor, and no more. Bailey vs. Burton, 8 Wendall, p. 347. Where, however, the possession is transferred to the mortgagee, then the mortgagor has but an equitable interest in the chattel, which is not subject to an execution at law. Marsh v. Lawrence, 4 Cowen, 461.
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2Cited by12 opinions
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