McDowell v. Stewart

Citations

• 83 Ill. 538

Syllabus

<p>1. Chattel mortgage—as to acknowledgment. A chattel mortgage, as between the parties, is valid, without any acknowledgment; but without the acknowledgment, it has no effect upon the rights of third parties acting in good faith, and notice of such a mortgage does not prevent a creditor from subjecting the property to the payment of his debt.</p> <p>2. Same—effect of a false certificate of acknowledgment. Whore a mortgagor requested a justice of the peace to go to the office of the mortgagee, which was in a different town from that in which the justice and mortgagor resided, and the justice, in the absence of the mortgagor, at the request of the mortgagee, added his certificate of acknowledgment to a chattel mortgage, in due form: Held, that the certificate was false, and that the mortgaged property was liable to levy and sale, on execution against the mortgagor.</p>