Holland v. Swain

Citations

• 94 Ill. 154

Syllabus

<p>1. Purchaser—when protected against fraud, etc., of his vendor. Where the owner of personal property puts the same into the possession of another with the present intention of parting with his title thereto, and the person thus in possession as owner, by the consent of the real owner, sells and delivers the same for a valuable consideration to a bona fide purchaser, whether such original delivery of possession occurred by reason of fraud, or of a void contract, or from any other cause, such original owner can not recover the property from such honest purchaser.</p> <p>2. Gaming—limitation of action by loser. The legal effect of sec. 132 of the Criminal Code giving a right of action to the loser of property, etc., by wager upon any race, against the winner, is to limit the time in which the action may be brought to six months. After that period has elapsed without suit by the loser, any other person may sue the winner and recover treble the value of the money, etc., oue-half to the use of the county, and the other half to the use of the person suing.</p>