Brewster v. Peter Schoenhofen Brewing Co.
Appellate Court of Illinois
Replevin.—Appeal from the Circuit Court of Cook County; the Hon. Francis Adams, Judge, presiding. Heard in this court at the March term, 1896.
1Opinion of the CourtJustice Waterman
Appellant insists that the plaintiff was estopped from offering evidence of the terms of the sale to Radtke, or that at the time of the execution of the mortgage the possession of the ^property was in appellee, because such evidence, it is alleged, was in contradiction of the recitals in the mortgage. In support, of its contention, appellant cites Schultz v. Plankinton Bank, 141 Ill. 116. That case was between a mortgagee and one in privity therewith, claiming thereunder. As such privy and claimant, Schultz was not allowed to contradict the terms of the written instrument under which he…
2Cases cited4 opinions
- Blatchford v. BoydenIllinois Supreme Court · 1887
- Van Duzor v. AllenIllinois Supreme Court · 1878
- Schultz v. Plankinton BankIllinois Supreme Court · 1892
- Paterson v. HigginsAppellate Court of Illinois · 1895
3Cited by1 opinion
- Papas v. SnowAppellate Court of Illinois · 1929