Dooley v. Crist
Illinois Supreme Court
This declaration was in trover for a house. Plea not guilty. Judgment for plaintiff below. Appeal prayed. Bill of exceptions shows two judgments before a justice of the peace, both in favor of plaintiff below; one against Phillips, the other against Whitelock; and that executions were issued on the judgments. Execution against Phillips has a return, showing a levy and sale on the house in controversy.
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This declaration was in trover for a house. Plea not guilty. Judgment for plaintiff below. Appeal prayed. Bill of exceptions shows two judgments before a justice of the peace, both in favor of plaintiff below; one against Phillips, the other against Whitelock; and that executions were issued on the judgments. Execution against Phillips has a return, showing a levy and sale on the house in controversy. Execution against Whitelock for $50.50 debt, and $2.66i costs, with return showing levy and sale on the house, as above. Sale was for $60, and amount was divided between the two executions,…
1Opinion of the CourtWalker, J.
Appellee claims the building in controversy under his purchase, at the constable’s sale, on the execution against Whitelock and Philips. On the contrary, appellant claims it as a part of the real estate, of which he was the owner. This then involves the inquiry whether it was real or personal property. It is a fundamental rule that real estate embraces lands, tenements and hereditaments. All improvements or additions of a permanent nature and adapted to its use and better enjoyment, placed upon land, are regarded as forming a part of the land. To this rule there are the exceptions of trade…
2Cited by18 opinions
- Sword v. LowIllinois Supreme Court · 1887
- Ogden v. StockIllinois Supreme Court · 1864
- Thuma v. Granada Hotel Corp.Appellate Court of Illinois · 1933
- Seedhouse v. BrowardSupreme Court of Florida · 1894
- Matzon v. GriffinIllinois Supreme Court · 1875
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