Pike v. Colvin
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of trover, by Samuel Colvin, against Ivory H. Pike, a constable of McLean county. The defendant levied upon the property claimed by the plaintiff, under two executions, against one George Cornelius, and advertised and sold the same.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of trover, by Samuel Colvin, against Ivory H. Pike, a constable of McLean county. The defendant levied upon the property claimed by the plaintiff, under two executions, against one George Cornelius, and advertised and sold the same. The plaintiff claimed the mule levied on, under a chattel mortgage given by Cornelius to one William H. Miller, and assigned by Miller to plaintiff. He made a demand of the property before the sale, and the constable replied that he could not give up the…
1Opinion of the CourtJustice Walker
It is contended that trover will not lie for the recovery of property wrongfully levied upon under an execution, but the owner is compelled either to replevy or try the rights of property under the statute. This is not the law. Where a sheriff or a constable, having an execution against one person, levies upon the property of another person, he becomes a wrongdoer, and his execution is no protection. It only protects him to the extent that he obeys the command of the writ, and no further. The writ only commands him to seize the goods and chattels of the defendant in execution, and when he…
2Cases cited2 opinions
- Prior v. WhiteIllinois Supreme Court · 1850
- Beach v. DerbyIllinois Supreme Court · 1858
3Cited by18 opinions
- Southern Surety Co. v. Peoples State BankIllinois Supreme Court · 1928
- Johnson v. Burke Manor Bldg. CorporationCourt of Appeals for the Seventh Circuit · 1931
- Hellman & Co. v. Pollock & Co.Missouri Court of Appeals · 1891
- Udell v. SlocumAppellate Court of Illinois · 1894
- Frankenthal v. MayerAppellate Court of Illinois · 1894
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