McConnell v. People ex rel. Purvines

Citations

• 84 Ill. 583

Syllabus

<p>1. Chattel mortgage—when regulw'ity of sale can not be questioned. Where an officer sells mortgaged chattels under both an execution against the mortgagor and as agent of the mortgagee, the regularity of the sale under the mortgage can not be questioned, in an action by the mortgagor against the officer and his sureties upon his official bond.</p> <p>2. Same—surplus on sale may be applied on execution. If a sheriff, as the agent of the mortgagee or his assignee, sells mortgaged chattels after condition broken, he may apply any surplus money, after satisfying the mortgage debt, upon an execution in his hands against the mortgagor.</p> <p>3. Same—rights and powers of mortgagee after condition broken. By the forfeiture of the condition of a chattel mortgage, and possession taken thereunder by the agent of the mortgagee, the legal title to the chattels vests in the mortgagee, and he may lawfully sell and transfer the property at private sale, being responsible, however, to the mortgagor for any injury sustained by him by reason of his omission to comply with the terms of the power in the mortgage.</p> <p>4. Sheriff—liability on bond. If a sheriff, as the agent of a mortgagee, sells the mortgaged property not in accordance with the power contained in the mortgage, and injury results to the mortgagor, the sheriff will not be responsible to him upon his official bond. It may be that he is individually liable.</p> <p>5. Estoppel—by failing to object to act. Where personal property is sold under a chattel mortgage by a sheriff, as well as under an execution against the mortgagor, with the knowledge of the latter, and without objection on his part, and he assents to applying the proceeds first to the mortgage and the balance upon the execution, this will estop him from questioning the appropriation so made.</p>