Neary v. Cahill
Illinois Supreme Court
This was an action orginally brought before a justice of the peace, in the name of the plaintiff below, against defendant below, to try the right of property in a certain mare, levied upon by a constable, by virtue of an execution issued by said justice. Trial by jury, who found for the claimant, and judgment accordingly. The cause was tried before Champlin, County Judge.
1Opinion of the CourtCaton, C. J.
This was a trial of the right of property, under our statute. The property belonged to the defendant in the execution and four others, as tenants in common, and the entire property in the mare was levied upon as belonging to the defendant in execution exclusively; and we think the court properly held that the claimants, who were the other tenants in common, had a right to recover on this trial. Had the levy been upon the interest alope of John Duffy, which was one-fifth, the other tenants in common would have had no cause to complain, and it may be, even, that the constable might have taken…
2Cited by2 opinions
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