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HARNEY v. SPELLMAN

Gen. No. 11,055.

113 Ill. App.2d 463 (1969)

251 N.E.2d 265

J.E. Harney, d/b/a Harney Radio Service, Plaintiff-Appellant, v. Edward Spellman, et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

September 25, 1969.

Attorney(s) appearing for the Case

Ray Moss, Herrick, Rudasill & Moss, of Clinton, for appellant.

Burke Miller, of Lincoln, for appellee.

SMITH, J.

The facts are stipulated. The trial court held that a distress warrant levied upon personal property of a tenant was superior in title and possession to a title retention conditional sales contract owned by the seller of the goods delivered to a buyer when such contract was not filed in the county where the purchaser resided. The determination of the trial court and its judgment is correct.

[1, 2] The plaintiff sold a washer, dryer,...

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