William Deering & Co. v. Washburn
Appellate Court of Illinois
Appeal from the Circuit Court of Fayette County; the Hon. James A. Cbeighton, Judge, presiding. The action is replevin brought by appellant to recover some cultivators, plows, wagons and corn-planters from appellee, the sheriff of the county, who had levied upon the chattels by virtue of an execution in favor of Walter A. Wood Mowing & Reaping Company against one R. H. Miller.
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Appeal from the Circuit Court of Fayette County; the Hon. James A. Cbeighton, Judge, presiding. The action is replevin brought by appellant to recover some cultivators, plows, wagons and corn-planters from appellee, the sheriff of the county, who had levied upon the chattels by virtue of an execution in favor of Walter A. Wood Mowing & Reaping Company against one R. H. Miller. The case was tried upon an agreed statement of facts, which is as follows: That on the first day of February, 1889, one R. H. Miller, of Vandalia, in this county, was indebted to plaintiff in the principal sum of…
1Opinion of the CourtReeves, J.
The contention of the appellant is clearly stated in this language: “An agreement in or outside a chattel mortgage, whereby the mortgagee authorizes the mortgagor to sell a portion of the property covered by the chattel mortgage, for the sole and exclusive benefit of the mortgagee in payment of the debt secured, the mortgagor to have no beneficial interest in the proceeds of sale, does not vitiate the mortgage per se, as between mortgagee and third parties, but if entered into in good faith and honestly carried out, will be upheld.” The case of Goodheart v. Johnson, 88 Ill. 58, is cited in…
2Cases cited5 opinions
- Davis v. RansomIllinois Supreme Court · 1857
- Goodheart v. JohnsonIllinois Supreme Court · 1878
- Greenebaum v. WheelerIllinois Supreme Court · 1878
- Huschle v. MorrisIllinois Supreme Court · 1890
- Dunning v. MeadIllinois Supreme Court · 1878