Wheeler v. McCorristen
Illinois Supreme Court
This was an action of replevin commenced in the Lee Circuit Court by the defendant in error, against Ozias Wheeler, sheriff of Lee county, and was tried at the June term, A. D. 1858, of said court, before Eustace, Judge, and a jury, and a verdict found for defendant in error. A .motion for a new trial was made, and overruled.
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This was an action of replevin commenced in the Lee Circuit Court by the defendant in error, against Ozias Wheeler, sheriff of Lee county, and was tried at the June term, A. D. 1858, of said court, before Eustace, Judge, and a jury, and a verdict found for defendant in error. A .motion for a new trial was made, and overruled. The declaration contained one count, alleging that the plaintiff in error, on 10th April, 1857, in Dixon, Lee county, in a certain dwelling-house there, took one parlor carpet, one dining-room carpet, one oil-cloth, eighteen chairs, one parlor stove, one sofa, and one…
1Opinion of the CourtBreese, J.
In this case, the defendant below did not, in his plea, justify the taking of this property under an execution, or other process, against Kilduff, or any one else. We have a right, then, to suppose he did not so take it, and all evidence of an execution was properly rejected. It follows then, if there was no execution, the defendant showed no right to disturb the plaintiff in his peaceable possession of the property. Suppose it was .Kilduff’s property, if the defendant had no process to seize it, the plaintiff had the right to keep the possession of it, until ousted by th.e true owner.
All the…
2Cited by8 opinions
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- Knox v. McFarranSupreme Court of Colorado · 1879
- Van Namee v. BradleyIllinois Supreme Court · 1873
- Gridley v. BinghamIllinois Supreme Court · 1869
- Bartleson v. MasonAppellate Court of Illinois · 1894
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