Brundage v. Camp
Illinois Supreme Court
This was an action of replevin, commenced by James A. Brundage, the plaintiff in error, against Wm. Camp, the defendant in error. The suit was instituted by the plaintiff, against the defendant, for two mules, in the Circuit Court of Sangamon county. The cause was tried, October term of said court, A. D. 1857. The action of replevin is for the unlawful detention of the mules of the plaintiff by the defendant; not for the taking.
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This was an action of replevin, commenced by James A. Brundage, the plaintiff in error, against Wm. Camp, the defendant in error. The suit was instituted by the plaintiff, against the defendant, for two mules, in the Circuit Court of Sangamon county. The cause was tried, October term of said court, A. D. 1857. The action of replevin is for the unlawful detention of the mules of the plaintiff by the defendant; not for the taking. To this declaration the defendant pleaded: 1st. Not guilty of the detention, as described in the declaration. 2nd. Plea of property in defendant, negativing the right…
1Opinion of the CourtBreese, J.
The questions presented by this record arise out of the instructions, as given by the court. The plaintiff insists, they were, on his part, improperly modified, before given by the court, and that the instruction given for the defendant, should have been refused.
The plaintiff contends, that both the sale and delivery of the mules, to Grouch, were conditional only, passing the possession, but not the title, to him; and being so, Crouch, by a sale, could confer no title on his vendee, Camp.
It may be admitted that the sale was conditional, but it can hardly be pretended that the delivery was so.…
2Cases cited2 opinions
- Haggerty v. PalmerNew York Court of Chancery · 1822
- Carr v. RoachThe Superior Court of New York City · 1853
3Cited by24 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- Butters v. HaughwoutIllinois Supreme Court · 1866
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