Legal Opinion

Bushnell v. Wood

Illinois Supreme Court

Decided January 15, 1877PublishedCited by 4 opinions

Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding.

1Opinion of the CourtJustice Scott

The chattel mortgage given by Mrs. D. K. Dodge to plaintiff, covering the property in controversy, was regularly executed, acknowledged and recorded, and whether it was fraudulent as to creditors was a question of fact, upon which the evidence is quite conflicting, "and it was, therefore, a proper case for the consideration of a jury. Under instructions from the court sufficiently accurate, the jury found the mortgage was not fraudulent, and being older than the execution under which the property was seized by defendants, it was the prior lien and must prevail.

Declarations made by the…

2Cited by4 opinions

  1. State ex rel. Mundy v. AndrewsWest Virginia Supreme Court · 1894
  2. Albion State Bank v. KnickerbockerMichigan Supreme Court · 1900
  3. Kopf v. YordyAppellate Court of Illinois · 1916
  4. Johnston v. SpoonheimNorth Dakota Supreme Court · 1909

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