Lemen v. Robinson

Citations

• 59 Ill. 115

Syllabus

<p>1. Chattel mortgages—of possession by mortgagor after maturity of the debt. Where a chattel mortgage provided that the mortgagor should retain possession of the property until default in payment of the debt it was given to secure, and more than two months after the debt matured, the property still continuing in his possession, he sold and delivered to a third person, and no reason appeared why possession was not taken by the mortgagee at the proper time, it was 7teld, the purchaser took the property free from any lien of the mortgage, even though he had actual notice that it was still unsatisfied.</p> <p>3. Fobmeb decisions. The authority of the case of Hathorn et al. v. Lewis, 22 Ill. 395, in so far as it is held that a chattel mortgage, although wanting in some of the essentials required by the statute, is nevertheless valid and binding as to subsequent purchasers with knowledge, is much shaken, if not entirely overruled, by subsequent decisions of this court, particularly that of Frank v. Miner, 50 Ill. 447.</p>