Sumner v. Mckee

Citations

• 89 Ill. 127

Syllabus

<p>1. Chattel mortgage—as to whom void for neglect to take possession—who are “ third persons.” Where a mortgagor of chattels is permitted, by the terms of the mortgage, to retain the possession of the property, the mortgage is void only as to third persons, when possession is not taken on maturity of the noto it was given to secure. The widow, heir or administrator of the mortgagor is not such a “ third person,” however, as they stand in his shoes and are concluded by all lawful acts and contracts entered into by him.</p> <p>2. So, where a mortgagee of personal chattels failed to take possession at the maturity of the note secured by the mortgage, the mortgagor having died before the note matured, and his widow, after his death, relinquished her claim to the articles mentioned in the appraisement of her specific allowance, and in lieu thereof elected to take all the articles of personalty inventoried and appraised, including the goods mortgaged, as a creditor of the estate, it was held, that as the mortgagor had sold and conveyed the same by the mortgage, which sale became absolute on default of payment, it was not open to selection by her, except subject to the lien.</p>