Kissel Motor Co. v. Docauer

Appellate Court of Illinois

Kissel Motor Co. v. Docauer

198 Ill. App. 43

Appellate Court of Illinois·Decided February 14, 1916·No. Gen. No. 21,838·Published

Opinion

Mr. Justice Baker

delivered the opinion of the court.

5. Replevin, § 156*—when order for return of mortgaged property not proper. In an action of replevin for property held under a chattel mortgage, where the evidence shows that at the time of the trial all the notes were due, that the condition of the mortgage was broken and plaintiff was entitled to possession of the mortgaged property, it is improper to 'order the return of the property.

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Mr. Justice Baker

delivered the opinion of the court.

5. Replevin, § 156*—when order for return of mortgaged property not proper. In an action of replevin for property held under a chattel mortgage, where the evidence shows that at the time of the trial all the notes were due, that the condition of the mortgage was broken and plaintiff was entitled to possession of the mortgaged property, it is improper to 'order the return of the property.

Kissel Motor Co. v. Docauer, 198 Ill. App. 43 (Ill. Ct. App. 1916).

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198 Ill. App. 43 (Kissel Motor Co. v. Docauer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.