Furlong v. Cox

Citations

• 77 Ill. 293

Syllabus

<p>- Chattel mortgage—mortgagee’s right to reduce the pi’operty to possession. A party leasing a hotel, gave the landlord .a chattel mortgage on her furniture, bedding, etc., to secure the payment of the rent. It provided that the mortgagor should retain possession until default in payment, hut authorized the mortgagee to take possession at any time he should think the property was in danger of being sold, removed, etc. The rent was regularly paid, but the mortgagee, without any cause to believe the property was in danger of being sold or removed, replevied the same, and, on the trial, did not testify that he even believed such danger existed: Held, that he was not entitled to recover, and that, before he could take possession, he must have had a reasonable apprehension that the property would be sold or removed.</p>