Lemen v. Robinson
Illinois Supreme Court
Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. M. P. Blackburn, on the 4th day of January, 1867, excuted to Max. Weisinberger a chattel mortgage on certain property to secure the payment of a promissory note due on the 4th of July of the same year. The mortgage contained a provision that the property should remain in the possession of the mortgagor until default in the payment of the note, and was duly recorded.
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Appeal from the Circuit Court of Madison county; the Hon. Joseph Gillespie, Judge, presiding. M. P. Blackburn, on the 4th day of January, 1867, excuted to Max. Weisinberger a chattel mortgage on certain property to secure the payment of a promissory note due on the 4th of July of the same year. The mortgage contained a provision that the property should remain in the possession of the mortgagor until default in the payment of the note, and was duly recorded. On the 10th of Sejitember, 1867, the debt not having been paid, the mortgagor, still having possession of the property, sold it to James…
1Opinion of the CourtJustice Breese
This was an action of debt on a replevin bond executed by appellants to the sheriff of Madison county, for the use of Max. Weisinberger.
The action of replevin was brought by Lemen, and for some cause dismissed, and a writ of retorno habendo awarded.
The defense to the action on the bond was made under the act of March 1, 1847, which provides that, “in all actions upon replevin bonds, where the merits of the case have not been determined in the trial of the action of replevin in which the bond was given, the defendant may plead the above facts, and also his or her title to the property in…
2Cases cited2 opinions
- Hanford v. ObrechtIllinois Supreme Court · 1868
- Hathorn v. LewisIllinois Supreme Court · 1859
3Cited by7 opinions
- Atchison v. GrahamSupreme Court of Colorado · 1890
- In Re Enterprise Foundry Co.District Court, E.D. Illinois · 1941
- Dole v. Bank of AkronColorado Court of Appeals · 1896
- Van Zele v. CleavelandAppellate Court of Illinois · 1917
- Dole v. Bank of AkronColorado Court of Appeals · 1896
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