Babcock v. McFarland

Citations

• 43 Ill. 381

Syllabus

<p>1. Chattel mortgage—rigid to retain possession under. Where a chattel mortgage contains a provision, that, if default shall be made in the payment of the debt, or the mortgagor shall attempt to sell the property, or it shall be levied on under process, or distrained for rent, or he shall attempt to remove the same, or the mortgagee shall be in danger of losing Ms debt, he may enter upon the premises of the mortgagor and take possession of the same and sell it to raise the money to pay the debt; and that the mortgagor should keep the property insured for a sum sufficient to cover the debt, and keep it in good repair except necessary wear and tear,—held, that the mortgage authorized the debtor to retain possession till the debt was due.</p> <p>2. Same — erasure before signed. Where it appeared in evidence that a clause in the printed form of the mortgage was stricken out, wMch in terms provided that the property might remain with the debtor, before it was executed, this does not change the right, when such appears to have been the intention from the clauses left in the instrument.</p>