Long v. Cockern

Citations

• 128 Ill. 29
• 21 N.E. 201

Syllabus

<p>1. Chanceen—admission in answer, whether evidence against a co-defendant. In a contest between the mortgagee of chattel property ■and a purchaser from the mortgagor, in which the mortgagee claims the property as a fixture to real estate mortgaged to him, the answer of the mortgagor and his wife, admitting that the chattels were fixtures to the realty, is not evidence against the purchaser of the property from the mortgagor.</p> <p>2. Fixture—portable engine and saw-mill. The owner of a portable engine and saw-mill sold the same to a party, who moved the machinery, and set it up on his wife’s land, and the purchaser and his wife gave their mortgage on the land for the price of the engine, mill, etc. The mill was placed upon sills, and attached to stakes driven into the ground, so as to render it stationary while being operated. The engine was sunk into the ground and a shed built over it: Held, that the property did not acquire the character of fixtures, so as to become a part of the realty, and pass to the mortgagee.</p> <p>i. The vendor of a portable engine and saw-mill, after the purchaser had set up the same on Ms wife’s land for use, which was mortgaged for the price, brought replevin for the engine and mill as personal property, which was afterward dismissed, and after a return of the property, the purchaser sold the same, in good faith, to a creditor: Held, that the institution of the replevin suit by the vendor, if it did not estop him to claim the property as part of the realty, afforded very strong evidence against him that the property was not real estate.</p> <p>5. Chatted mortgage—not properly acknowledged. A chattel mortgage not acknowledged as required by the statute, is void as to creditors and purchasers, notwithstanding actual notice.</p>