Durfee v. Grinnell

Citations

• 69 Ill. 371

Syllabus

<p>1. Chattel mortgage—title passes on breach. A chattel mortgage is but a conditional sale, and when the mortgagor fails to perform the condition, the title to the mortgaged property, so far as it is held by the mortgagor, vests in the mortgagee. Where possession is taken in accordanee with the terms of the mortgage, the title passes, even though the debt be not then due. The fact that the mortgagee is required to sell the property, and render the surplus, after payment of the debt, etc., to the mortgagor, will not prevent the title from vesting in the mortgagee, as purchaser.</p> <p>8. Same—mistake in date to certificate of acknowledgment. Where a chattel mortgage was in fact executed and acknowledged in 1871, hut the justice dated the certificate of acknowledgment in 1872, and the mortgage was recorded on the day of its execution, and it did not appear but that the entry in the justice’s docket showed the proper date: Held, that the mistake did not vitiate the mortgage, as no injury could have resulted from it to creditors or purchasers.</p> <p>3. Same—acknowledgment taken by justice out of his precinct. Where a chattel mortgage is acknowledged before a justice of the peace residing in the same precinct with the mortgagor, the acknowledgment will not be had because it was taken in another township or precinct. It will be good if taken anywhere in the count}-, provided the justice resided in the same election precinct with the mortgagor.</p> <p>4. Same—not affected because the justice keeps his docket in another township. A chattel mortgage will not he rendered invalid from the fact that the justice of the peace takes his docket out of the township of his residence, and keeps his office, for convenience, a few rods in an adjoining township, especially when it is readily accessible for inspection.</p> <p>5. Pasties plaintiff—in replevin. Where mortgagees of chattels seek to reduce them to possession by replevin, under a clause giving them this right whenever they s