Wetsel v. Mayers
Illinois Supreme Court
Appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was replevin, by appellees against appellant, for 100 acres of corn. The declaration contains two counts. The first is for taking and detaining, and the second for detaining.
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Appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was replevin, by appellees against appellant, for 100 acres of corn. The declaration contains two counts. The first is for taking and detaining, and the second for detaining. The pleas were, non ceplt, non detinet, property in John W. Saulsman, and special plea “that Durfee & Bro. caused two executions to be issued from a justice of the peace on the 27th day of November, 1876, the first against John W. Saulsman and William H. Saulsman for $132.39 damages, and $1.85 costs on judgment, in favor of Durfee…
1Opinion of the CourtJustice Scholfield
Whether appellant would have been entitled to the possession of the corn, had he, before the levy of the execution or the commencement of this suit, tendered appellees the amount of rent due, is a question not before us. Nor is it now material to inquire whether, in any case, the tenant can, by contract alone with the landlord, invest him with an absolute title to the property upon which he has a lien for rent, as against the claims of judgment creditors of the tenant.
The statute (Rev. Stat. 1874, p. 661, § 31,) provides, that “ every landlord shall have a lien upon the crops grown or growing…
2Cases cited1 opinion
- Thompson v. MeadIllinois Supreme Court · 1873
3Cited by11 opinions
- Cottrell v. GersonAppellate Court of Illinois · 1938
- Lillard v. NobleIllinois Supreme Court · 1896
- Dwyer v. Cooksville Grain Co.Appellate Court of Illinois · 1983
- Scottsdale Ginning Co. v. LonganArizona Supreme Court · 1922
- Howe v. ClarkAppellate Court of Illinois · 1887
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