Powers v. Green
Illinois Supreme Court
This cause was tried at the October term, 1852, of the Du Page Circuit Court, Henderson, Judge, and a judgment in favor of the plaintiff below, from which judgment the defendant below appealed. The facts of the case sufficiently appear in the opinion of the court.
1Opinion of the CourtScates, J.
To an action of replevin the defendant Powers made conusance, that as sheriff he took the goods as the property of one Lyman, under an execution; and that the goods belonged to Lyman. Upon a motion for a new trial, we are called upon to review the facts, and two instructions of the court below.
In failing circumstances, and after suit brought, but before the judgment upon which this execution issued, Lyman made a bill of sale to Green, of a stock of goods, his household furniture, &c., by way of preference, and to whom in a short time after he delivered the goods as they "were in the store,…
2Cases cited1 opinion
- M'Bride v. M'ClellandSupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Howell v. D. B. Fisk & Co.Appellate Court of Illinois · 1893
- In Re Enterprise Foundry Co.District Court, E.D. Illinois · 1941
- Newberry v. BlatchfordIllinois Supreme Court · 1882