Appellate Court of Illinois, 1916

Kissel Motor Co. v. Docauer

Appellate Court of Illinois · Decided February 14, 1916 · Baker

198 Ill. App. 43

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.