Brooks v. Record
Illinois Supreme Court
Writ oe Error to the'Circuit Court of Coles county; the Hon. James Steele, Judge, presiding. This was an action of replevin, brought by Brooks against Record, to recover a mare, claimed by the plaintiff. A trial resulting adversely to the plaintiff, he sued out this writ of error.
1Opinion of the CourtChief Justice Breese
A single question is presented by this record: in whom was the property of the mare in controversy ?
It is in evidence appellant purchased the mare from the true owner, and paid him therefor, on the first day of December, 1866, the mare then being at one Hardisty’s. The price to be paid for the mare, and for a horse purchased at the same time by appellant, of the same owner, Asa Lanick, was to be referred to one Jesse Cooper, who, without advising appellant that he had a mortgage on the same mare and horse, fixed the price at one hundred and fifty dollars, which appellant paid by surrendering…
2Cited by6 opinions
- Bunn v. WalchWashington Supreme Court · 1959
- Gibson v. McIntireSupreme Court of Iowa · 1900
- Summers v. HutsonIndiana Supreme Court · 1874
- Voris v. FerrellIndiana Court of Appeals · 1913
- Reiss v. HanchettIllinois Supreme Court · 1892
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