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44 Ill. 141

Hart v. Wing

Illinois Supreme Court

Decided April 15, 1867

Illinois Supreme Court · decided 1867-04-15

<p>Writ of Error to the Circuit Court of Livingston county; the Hon. Charles E. Starr, Judge, presiding.</p>

Relies on May v. Tallman

Good law ✅— No negative treatment on recordhow we know

Decided 1867-04-15

How this case has been cited

Cited by 9 later decisions — most recently April 1941

8 state decisions

20186718701880189019001910192019301940decided

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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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2It appears by the testimony in this record that a portion of the corn in controversy was bought by Mbit with Wing’s money, and Wing, therefore, had an equitable right to be protected as a creditor, and to be preferred by Mott over other creditors not so situated. Mott was in insolvent circumstances, and parties were engaged in removing this corn when he transferred it to Wing. The bonafides of the transaction was fairly submitted to the jury on the evidence and on the instructions, and they have found it was not a fraudulent transaction, and we perceive no grounds to doubt their conclusion or to justify an interference with their verdict.

¶3Upon the question of delivery of the corn, it appears it was in cribs, in the ear, and was susceptible of no other delivery than that which was made and accepted. Such possession of it was given to Wing as its nature admitted. An actual removal of the entire mass of corn in the' crib, or of any other cumbrous article, is not necessary to constitute a delivery and change of possession. May v. Tallman, 20 Ill. 443.

¶4The judgment must be affirmed.

¶5Judgment affirmed.

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