Maywood Trust & Savings Bank v. Marshall

Appellate Court of Illinois

Maywood Trust & Savings Bank v. Marshall

190 Ill. App. 27

CourtAppellate Court of Illinois

DecidedNovember 30, 1914

DocketGen. No. 20,265

StatusPublished

This text of 190 Ill. App. 27 (Maywood Trust & Savings Bank v. Marshall) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maywood Trust & Savings Bank v. Marshall, 190 Ill. App. 27 (Ill. Ct. App. 1914).

Pincite

Opinion

Mr. Justice McSurely

delivered the opinion of the court.

2. Chattel mortgages, § 210*—burden of proof. Where a right of property in certain household furniture, held under an attachment writ, is -set up by the holder of a chattel mortgage, it is incumbent upon such mortgagee to prove that the furniture in question is the same furniture as that covered by the chattel mortgage. 3. Chattel mortgages, § 209*—effect of failure of mortgagee to show interest in property. Where a mortgagee sets up a right of property in chattels taken under an attachment writ, it is of no concern of the mortgagee as to who is awarded title in the property, so long as the claim under the chattel mortgage is denied for insufficient identification of the property in question.

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Mr. Justice McSurely

delivered the opinion of the court.

2. Chattel mortgages, § 210*—burden of proof. Where a right of property in certain household furniture, held under an attachment writ, is -set up by the holder of a chattel mortgage, it is incumbent upon such mortgagee to prove that the furniture in question is the same furniture as that covered by the chattel mortgage. 3. Chattel mortgages, § 209*—effect of failure of mortgagee to show interest in property. Where a mortgagee sets up a right of property in chattels taken under an attachment writ, it is of no concern of the mortgagee as to who is awarded title in the property, so long as the claim under the chattel mortgage is denied for insufficient identification of the property in question.

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Bluebook (online)

190 Ill. App. 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maywood-trust-savings-bank-v-marshall-illappct-1914.