Wallard v. Worthman

Citations

• 84 Ill. 446

Syllabus

<p>1. Trespass—-payment of a debt an extinguishment of bill of sale given as security. Where a bill of sale of personal property, though absolute on its face, is given only as security for the payment of a debt, it loses all validity upon the payment of the debt, and the holder will be a trespasser if he attempts to take the property therein described from the possession of the party executing the bill of sale, after the payment of the debt secured thereby.</p> <p>2. Same—liability of volunteers. In such case, parties who were mere volunteers, aiding in the commission of the trespass, can not allege ignorance of the fact that the bill of sale was given only as security, but must stand, if at all, upon the justification of their principal.</p> <p>3. Instructions—as to matters not in issue—mixed, questions of lam and fact. It is not error to refuse an instruction which submits to the jury a mixed question of law and fact, or that relates .to a matter not in issue, and about which there is no evidence.</p>