Anderson v. Strauss
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Pike county; the Hon. S. P. Shops, Judge, presiding. This was an action of replevin, brought by Benjamin Strauss against Henry L. Anderson, Foster Carroll and James Williamson, for a lot of wheat raised upon the south-west quarter of section 1, and the south half of the north-west quarter of section 1, township 6 south, range 5 west, in Pike county, Illinois.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Pike county; the Hon. S. P. Shops, Judge, presiding. This was an action of replevin, brought by Benjamin Strauss against Henry L. Anderson, Foster Carroll and James Williamson, for a lot of wheat raised upon the south-west quarter of section 1, and the south half of the north-west quarter of section 1, township 6 south, range 5 west, in Pike county, Illinois. It appears, from the evidence, that John Hoskins, th'e owner of the land upon which the wheat was grown, together with his…
1Opinion of the CourtChief Justice Dickey
As between the parties to the judgments, the seizure and sale upon the executions, of the wheat, did, no doubt, constitute a severance of the crop from the realty; but not as against the grantee in the deed of trust. He was not a party to the proceedings, and his rights were not affected thereby. The purchaser at the sheriff's sale took subject to the rights of the grantee under the trust deed, which were not cut off or affected by such sale. Had the grantor in the trust deed severed the crops, in fact, as did the purchaser under the. executions, such severance would not have given him title…
2Cited by12 opinions
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