Ketchum v. Watson

Decided April 15, 1860

Illinois Supreme Court · decided 1860-04-15

This was an appeal, from a trial of the right of property-before a justice of the peace, which was tried before Harriott, Judge, in the Circuit Court of Tazewell county. It appears, from the evidence, that the property in question, a horse, was levied on by the constable, as the property of one George Outlaw, in whose possession it was, under an execution against him, in favor of Ketchum, the plaintiff in error.

Good law ✅— No negative treatment on recordhow we know

Decided 1860-04-15

How this case has been cited

Cited by 15 later decisions (2 by the Supreme Court) — most recently August 1931

2 federal appellate · 9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Breese, J.

¶1The sale to Outlaw, of the horse in question, made in August, 1859, was perfected by delivery to him. His title was then complete. The resale by Outlaw to Watson, in October following, was not perfected by delivery, nor was there any change of possession; the title, therefore, did not pass. To pass the title as between third persons, there must be a change of possession, so that others may not be deceived and defrauded by the appearance of ownership in one, while the title is really in another. Thompson v. Yeck, 21 Ill. R. 78. The whole transaction is in fraud of the chattel mortgage act. The judgment is reversed, and the cause remanded.

¶2Judgment reversed.