Flynn v. Hathaway

Citations

• 65 Ill. 462

Syllabus

<p>1. Evidence—proof of execution when necessa/ry. Where a sheriff is sued for levying upon mortgaged chattels as the property of the mortgagor, by the assignee of the mortgage, the note described in the mortgage is not admissible in evidence' without proof of its execution.</p> <p>2. Law and fact. It is error for the court, in its instructions, to submit the question of the due execution of a chattel mortgage to the jury.</p> <p>3. Chattel mortgage. WLere the holder of a note secured by chattel mortgage sues an officer for levying upon and selling the mortgaged chattels under execution against the mortgagor, the production of the note and mortgage in evidence, or proof of their loss and contents, is indispensable to a recovery.</p>