Davidson v. Waldron
Illinois Supreme Court
WRIT OK Error to the Circuit Court of Bureau county; the Hon. MadisoN E. Hollister, J udge, presiding. This was an action of trover, brought by James W. Davidson. against Erancis B. Cooley, Elisha S. Wadsworth, John Y. Farwell, Zachariah K. Waldron, Marshall Field, and Charles W. Wilcox, to recover for certain lumber, boards, scantling, planks and lath, of the value of $1,200, of which the plaintiff alleged he was lawfully possessed on a day prior to the commencement of the…
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WRIT OK Error to the Circuit Court of Bureau county; the Hon. MadisoN E. Hollister, J udge, presiding. This was an action of trover, brought by James W. Davidson. against Erancis B. Cooley, Elisha S. Wadsworth, John Y. Farwell, Zachariah K. Waldron, Marshall Field, and Charles W. Wilcox, to recover for certain lumber, boards, scantling, planks and lath, of the value of $1,200, of which the plaintiff alleged he was lawfully possessed on a day prior to the commencement of the suit, and which, on that day, he casually lost out of his possession, and that they came into the possession of the…
1Opinion of the Court
Mr. Justioe BReese
delivered the opinion of the Court.
In an action of trover and conversion, as in an action of ejectment, the plaintiff must recover on the strength of his own title, without regard to the weakness of that of his adversary. Like that, this is a possessory action, and the plaintiff must show he has either a special or a general property in the thing converted, and the right to its possession.
This right, the plaintiff in this action claims he had, by - virtue of a certain writ of fieri facias which he had duly levied on the property. He claims by force of the levy, and if the…
2Cases cited2 opinions
- Havely v. LowryIllinois Supreme Court · 1863
- Storm v. WoodsNew York Supreme Court · 1814
3Cited by23 opinions
- Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- State ex rel. McPherson v. BecknerIndiana Supreme Court · 1892
- Frink v. PrattIllinois Supreme Court · 1889
- Crisman v. DorseySupreme Court of Colorado · 1889
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