Havely v. Lowry
Illinois Supreme Court
This was an action of trover, commenced in the Piatt Circuit Court, to the September term, 1861, against the said plaintiff in error, and one John Gatewood.
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This was an action of trover, commenced in the Piatt Circuit Court, to the September term, 1861, against the said plaintiff in error, and one John Gatewood. The declaration is in the usual form, alleging that the plaintiff was “ lawfully possessed as of his own property, of certain hogs and wagons, goods and chattels, to wit, two hundred hogs and six wagons of great value, to wit, of the value of seven hundred dollars, and being so possessed, etc.; and a second count, setting up property in defendant in error as sheriff", etc. The defendants pleaded not guilty. The cause came on to be heard…
1Opinion of the CourtWalker, J.
As we view this case, it is deemed unnecessary to examine whether the mortgage showed on its face that it was fraudulent, as to third persons. It is only necessary to determine whether there was a legal levy on the property in controversy, by the sheriff. If the levy was insufficient, there can be no pretense that the sheriff has a right to maintain this action, as he relies on no other title to the property.
To render a levy on personal property complete, the officer must perform some act, which not only indicates an intention to seize the property, but he must reduce it to possession, or at…
2Cases cited1 opinion
- Minor v. HerrifordIllinois Supreme Court · 1861
3Cited by11 opinions
- Davidson v. WaldronIllinois Supreme Court · 1863
- Crisman v. DorseySupreme Court of Colorado · 1889
- In re PeakeUnited States Bankruptcy Court, N.D. Illinois · 2018
- Chittenden v. RogersIllinois Supreme Court · 1866
- Logsdon v. SpiveyIllinois Supreme Court · 1870
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