Thompson v. Wilhite

Citations

• 81 Ill. 356

Syllabus

<p>1. Sale of personal property—sufficiency of delivery of growing crops. Where growing wheat and com are sold in good faith, and the purchaser takes all the possession that is practicahle before harvesting, and after it is cut down, and before a sufficient time elapses for him to remove it, it is seized on an execution against the seller, the purchaser will be entitled to hold it, on a trial of the right of properly.</p> <p>2. Delivery—necessary to pass title to personal property, as against creditors. Any absolute sale of personal property which is of such a character as to be capable of being removed, where it remains with the vendor, is fraudulent in law as to creditors and subsequent purchasers, notwithstanding the sale may he in good faith and for an adequate consideration.</p> <p>3. Trial of right of property—validity of execution admitted T>y notice. A claimant of personal property levied on under an execution against another person, by giving notice of a trial of the right of property, admits the valii if the execution.</p>