Webber v. Mackey, Nisbet & Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Saline County; the Hon. Robert W. McCartney, Judge, presiding. This suit was on a replevin bond executed by appellees to Tanner, U. S. Marshal, who was succeeded in office by appellant.
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Appeal from the Circuit Court of Saline County; the Hon. Robert W. McCartney, Judge, presiding. This suit was on a replevin bond executed by appellees to Tanner, U. S. Marshal, who was succeeded in office by appellant. A plea of non esi factum was interposed and issue joined thereon ;' also a plea, except as to nominal damages, averring the property in controversy in the replevin suit was, at the time of the trial thereof, the property of the plaintiffs therein, and the merits of the case were not heard and were not determined in said case; the plea by apt averments sets forth and shows…
1Opinion of the CourtGreen, P. J.
The amended replication to which the final demurrer was sustained, in substance sets up that the property claimed by defendants was levied upon by said Jones by virtue of nine attachment writs in favor of creditors of Thomas J. Crawford, the affidavits for which writs charged that he had,'within two years prior to the filing thereof, fraudulently conveyed said property so as to hinder and delay his creditors; that the conveyances were two chattel mortgages from him to Mackey, JSTishet & Co., and Hinkle, Mishet & Co., conveying to them the property replevied, and this was the only title said…
2Cases cited7 opinions
- Sarah v. ReadIllinois Supreme Court · 1882
- Bennitt v. Wilmington Star Mining Co.Illinois Supreme Court · 1886
- Cole v. FavoriteIllinois Supreme Court · 1873
- Chipron v. FeikertIllinois Supreme Court · 1873
- Ewing v. RunkleIllinois Supreme Court · 1858
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3Cited by1 opinion
- Holcomb & Hoke Manufacturing Co. v. WattsIndiana Court of Appeals · 1930