Sage v. Browning

Citations

• 51 Ill. 217

Syllabus

<p>1. Chattel mortgages—effect of actual notice of a mortgage not acknowledged. A chattel mortgage not acknowledged, is void, as against a junior mortgagee, notwithstanding he took with actual notice of the elder mortgage.</p> <p>2. Former decisions. The same rule is announced in the cases of Forrest v. Tinkham, 29 Ill. 141; Porter v. Dement, 35 ib. 478, and Frank v. Miner, 50 ib. 444. The cases of Van Pelt v. Knight, 19 Ill. 535, and Kathorn v. Lewis, 22 ib. 895, are not in conflict with this doctrine.</p> <p>3. Chattel mortgages. The rule in regard to the effect of actual notice of an unrecorded deed of realty, has no application to the case of a chattel mortgage not legally executed and acknowledged.</p>