Foster v. Magill

Citations

• 119 Ill. 75
• 8 N.E. 771

Syllabus

<p>1. Sake—whether complete, so as to pass title—amount undetermined. A creditor purchased from his debtor certain personal property, subject to a mortgage thereon, and assumed the mortgage debt, and agreed, upon the sale of the property, to give the debtor credit for the entire proceeds of the sale, less the mortgage debt, and possession was taken: Held, the title, if so intended, would thereby pass,, although the definite amount for which credit was to be given had not been determined.</p> <p>2. Evidence—on question of bona fides of purchase. In trover, by one claiming as purchaser of personal property, against the sheriff, for taking the same under execution against the plaintiff’s vendor, the validity of the sale was questioned as in fraud of creditors. It appeared that the original owner, who was also the defendant in the execution, sold the property to his daughter, to whom he was largely indebted, subject to a chattel mortgage thereon, which she agreed to pay off, and it was agreed that she should sell the property, and give her father credit for the entire proceeds, less the amount of the incumbrance thereon: Held, that it was competent for the defendant to show any act done by the holder of the chattel mortgage toward taking possession of the property, but that the record was the best evidence to show the fact of his having brought a suit to recover the same.</p> <p>3. Practice—limiting argument of counsel to the jury. The limiting of the argument of counsel to the jury, is a matter resting in the sound legal discretion of the trial court, and unless that discretion has been abused, a court of review will not interfere. Before the action of the court below can be called in question, it must be shown that sufficient time was not allowed to properly argue the case to the jury.</p> <p>4. Assignment op error—as to matters occurring in another case. Orders made in one ease are not, as a general rule, reviewable in another. So on the trial of an appeal in an acti