Gittings v. Nelson
Illinois Supreme Court
Appeal from the Circuit Court of Henderson County s the Hon. Arthur A. Smith, Judge, presiding. This was a case of the trial of the right of property, before a justice of the peace, in respect of three cribs of corn claimed by Nelson, which had been levied upon by a constable as the property of one Palmer under an execution in his hands against Palmer.
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Appeal from the Circuit Court of Henderson County s the Hon. Arthur A. Smith, Judge, presiding. This was a case of the trial of the right of property, before a justice of the peace, in respect of three cribs of corn claimed by Nelson, which had been levied upon by a constable as the property of one Palmer under an execution in his hands against Palmer. The evidence on the part of the claimant, Nelson, tended to show that in the fall of 1874 he rented to Palmer, for the year 1875, two certain pieces of land of about forty acres each, situate, one in Henderson, the other in Hancock county, to…
1Opinion of the CourtJustice Sheldon
There seems to us to have been a clear wrong here done to the execution creditor.
Certainly, Nelson could have no claim to the corn further than as security for the indebtedness from Palmer to him. Talcing the quantity of the corn received from Palmer’s share of the crop 'raised on the Hancock county land as 850 bushels, then, by the receiving of that, and the taking back of the team and wagon, Nelson was satisfied the full amount of all the indebtedness to him from Palmer, with the exception only of $67.50. After the satisfaction of this last amount from the corn levied on, there would have…
2Cited by6 opinions
- In Re Danville Hotel Co.District Court, E.D. Illinois · 1929
- Long v. HinesSupreme Court of Kansas · 1888
- Pinkstaff v. CochranAppellate Court of Illinois · 1895
- First Security Co. v. HuddleOhio Court of Appeals · 1934
- Holmes v. HolifieldAppellate Court of Illinois · 1901
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