Van Duzor v. Allen

Citations

• 90 Ill. 499

Syllabus

<p>1. Sale—when the title passes as between the parties. Where a person agrees to sell a threshing machine, for which the purchaser is to give a note with personal security, or secured by a chattel mortgage on the machine, and the purchaser obtains possession with the consent of the vendor, but fails to give the note or any security, the trade, as between the parties, will not be so far completed as to pass the title to the property, and the vendor may maintain replevin against the purchaser for its recovery.</p> <p>2. Same—when title will pass as to third persons having no notice. Where a person sells an article to another and delivers possession, or knowingly allows the purchaser to take possession and use the same as his own, although by the terms of the sale the purchaser was to give note with security, which he fails to do, the title will pass in favor of an innocent purchaser from his vendee, or where a creditor of his vendee, without notice of the facts, acquires a lien thereon by execution.</p> <p>3. A bona fide creditor, who, under a judgment and execution, acquires a lien on property, while in the actual possession of a vendee, by delivery from the vendor, or taken and held by his consent, occupies the same position in all respects as does a bona fide purchaser from such vendee. Where the apparent owner of property thus acquired has the indicia of ownership and may sell and pass a good title to a purchaser, without notice of his not having complied with the terms of the sale, a bona fide creditor may seize the property on execution and pass the title, not only against the apparent, but also the real owner.</p> <p>4. Same—of the delivery, A creditor of a vendee acquiring a lien upon the property sold is not required to show a formal delivery by the vendor. Where. the vendor, after the terms of the sale have been agreed upon, gives the vendee a written order for the property on the party holding it, upon which the vendee receives the same, this will be an ac