Waggoner v. Cooley
Illinois Supreme Court
This was an action of trover, commenced by the defendants in error, against the plaintiff in error, in the Pulton Circuit Court, to recover damages for the conversion of certain lots of corn,oats, wheat, &c.
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This was an action of trover, commenced by the defendants in error, against the plaintiff in error, in the Pulton Circuit Court, to recover damages for the conversion of certain lots of corn,oats, wheat, &c. The defendants filed four pleas, to-wit: 1st. That he was a deputy sheriff of Pulton county, and as such, he received six several writs of attachment, set out in the plea, against one Abraham Stevenson, issued from Fulton county, by virtue of which he levied upon and took the property described in the declaration ; and avers that the property belonged to the said Abraham Stevenson, the…
1Opinion of the Court
Scates, O. J.
With, an exception excluding by statute, a defendant in execution from, testifying on the trial of the right of property levied on, by the general principles of law, the admissions of a person in possession claiming property, are admissible in evidence against his own title, and we are not able to discover any ground of objection upon which Benton’s statements on this point should have been excluded, as the whole tenor of the evidence tended to show that defendants deduced title fthrough him. Jackson ex dem. Titus et al. v. Myers, 11 Wend. R. 533; Crary v. Sprague et al., 12…
2Cases cited1 opinion
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
3Cited by4 opinions
- Jewett & Root v. CookIllinois Supreme Court · 1876
- Hall v. FeeneySouth Dakota Supreme Court · 1908
- Campbell v. EichorstAppellate Court of Illinois · 1905
- Hoff v. LarimoreAppellate Court of Illinois · 1903