To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library




Chapin v. Freeland

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
Font size

Property Law Keyed to Cribbet

View this case and other resources at:
Bloomberg Law

Citation. 22 Ill.142 Mass. 383, 8 N.E. 128 (1884)

Brief Fact Summary. Two counters belonging to Defendant were put in a shop built by Warner and mortgaged to DeWitt. DeWitt foreclosed and sold the premises to Plaintiff, and Defendant came and retrieved the counters.

Synopsis of Rule of Law. A purchaser is entitled to stand in as good a position as that of the seller in determining whether the remedy of replevin has passed by terms of the statute of limitations.

Facts. Two counters belonged to Defendant in 1867. Warner built a shop, installed the counters, and nailed them to the floor. Then, in 1871, Warner mortgaged the property to one DeWitt. In 1879 Dewitt’s executors foreclosed on the premises and sold the shop to Plaintiff. In 1881 Defendant took the counters from Plaintiff. Plaintiff then sued in replevin and the trial court ruled in favor of Defendant. Plaintiff filed a bill of exceptions.

Issue. Should Plaintiff be dispossessed of the counters when the statute of limitations for replevin had passed under the previous shop owner?

Create New Group

Casebriefs is concerned with your security, please complete the following