Palmer v. Forbes
Illinois Supreme Court
This was an action of replevin by defendants in error against plaintiffs in error. The declaration contains two counts; the first for taking, and the second for detaining. To the first count the defendant pleaded:' 1st. Traversing property in plaintiffs. 2nd. The levy upon the property as deputy marshal under the execution read in evidence, and averring that the property was subject to execution. 8rd. Property in Quincy and Chicago Railroad Company. 4th.
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This was an action of replevin by defendants in error against plaintiffs in error. The declaration contains two counts; the first for taking, and the second for detaining. To the first count the defendant pleaded:' 1st. Traversing property in plaintiffs. 2nd. The levy upon the property as deputy marshal under the execution read in evidence, and averring that the property was subject to execution. 8rd. Property in Quincy and Chicago Railroad Company. 4th. Property in defendant. To the second count the defendant pleaded: 1st. Traversing the plaintiff’s right to possession; and other pleas…
1Opinion of the CourtCaton, C. J.
Railroad mortgages, like all other contracts, must be enforced according to the intention of the parties to them, and conformable to the law under which they were issued. We cannot make or mollify these any more than any other contracts, or the law by which they shall be governed and enforced. Railroad mortgages are of very recent origin, and, although now so common in this country and in England, in comparatively but few instances, have the courts been called upon to enforce the rights of parties under them, especially to the extent of appropriating the estate mortgaged to the satisfaction…
2Cited by11 opinions
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- Hill v. National BankSupreme Court of the United States · 1878
- Roseville Alta Min. Co. v. Iowa Gulch Min. Co.Supreme Court of Colorado · 1890
- Patton v. MooreWest Virginia Supreme Court · 1880
- Michigan Central Railroad v. Chicago & Michigan Lake Shore RailroadAppellate Court of Illinois · 1878
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