Barnet v. Fergus
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was an action of replevin, brought by Alexander Bar-net, against Bobert Fergus, and John L. Beveridge, sheriff of Cook county, to recover of them the possession of certain printing materials, printing presses, and “ stock in trade,” of James Barnet, which had been levied upon by the sheriff, as the property of James Barnet, under, and by virtue of, an execution issued upon a…
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Appeal from the Circuit Court of Cook county; the Hon. Ebastus S. Williams, Judge, presiding. This was an action of replevin, brought by Alexander Bar-net, against Bobert Fergus, and John L. Beveridge, sheriff of Cook county, to recover of them the possession of certain printing materials, printing presses, and “ stock in trade,” of James Barnet, which had been levied upon by the sheriff, as the property of James Barnet, under, and by virtue of, an execution issued upon a judgment in favor of Fergus, for $1,861, and costs, which he, Fergus, had obtained in the Superior Court of Chicago,…
1Opinion of the CourtJustice Lawrence
It was held by this court, in Davis v. Ransom, 18 Ill. 402, and in Read v. Wilson, 22 ib. 380, that a mortgage of a stock of goods, containing a provision authorizing the mortgagor to •retain possession for the purpose of selling in the usual course of trade, was fraudulent and void as to creditors. This was held to be fraud in law. It is a necessary consequence of •these decisions, that where the mortgage contains no such provision, but the mortgagee nevertheless knowingly permits the mortgagor to make sale of the property in the ordinary course of trade, and in the same way as before the…
2Cited by25 opinions
- Wilson v. VoightSupreme Court of Colorado · 1886
- Chandler v. ColcordSupreme Court of Oklahoma · 1893
- Goodheart v. JohnsonIllinois Supreme Court · 1878
- Hayes v. WestcottSupreme Court of Alabama · 1890
- C. B. Rogers & Co. v. MunnerlynSupreme Court of Florida · 1895
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