Bell v. Prewitt

Citations

• 62 Ill. 361

Syllabus

<p>1. Chattel mortgage—evidence of fraud. The mere fact that the mortgage recites a greater indebtedness than actually existed at the time of it execution is not conclusive evidence of fraud. It is a fact to be left to the jury, who must determine from all the circumstances whether it was inserted in the mortgage with the design to shield the property of the mortgagor, and to hinder and delay creditors. The transaction must be real, and entered into in good faith to secure against present or future liability. .</p> <p>2. Same—-description of chattels. A chattel mortgage duly acknowledged and recorded, after describing certain other chattels as then upon the farm of the mortgagor, contained this description, to-wit: “ 20 two-year old steers on same farm.” It was objected that this description was insufficient to identify the property as to others dealing with the mortgagor: Held, that the record of the mortgage was sufficient notice to subsequent purchasers that the mortgagee had some claim of right to cattle upon the farm, and that parol evidence was necessary and admissible to identify the particular cattle.</p> <p>3. Same—admissions of mortgagor. The declarations and admissions of a mortgagor of chattels, made after the execution of a chattel mortgage by him, are not admissible in evidence to defeat the claim of the mortgagee, in a contest between the latter and one claiming under the mortgagor.</p> <p>4. Evidence—cross-examination. The rule in this State is, that when one party introduces and examines a witness, the cross-examination is limited to the facts elicited by the examination in chief. When such cross-examination is carried to an unreasonable length upon new matters, and thereby improper testimony is obtained, it is error.</p> <p>5. Same. Where in a contest between the mortgagee of chattels and an assumed purchaser, the former called the mortgagor and proved by him a single fact, viz.: that the cattle in controversy were the same described in the chattel