Owens v. Weedman
Illinois Supreme Court
Appeal from the Circuit Court of DeWitt county. This was an action of trover, by Weedman against Owens and Dry bread. The plaintiff, in his declaration, alleged, in substance, that he was lawfully possessed, as of his own property, of 150 hogs, and lost them, and the same came into the possession of defendants, and that they converted them to their own nse.
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Appeal from the Circuit Court of DeWitt county. This was an action of trover, by Weedman against Owens and Dry bread. The plaintiff, in his declaration, alleged, in substance, that he was lawfully possessed, as of his own property, of 150 hogs, and lost them, and the same came into the possession of defendants, and that they converted them to their own nse. Defendants pleaded not guilty, and on trial a verdict of guilty was rendered, and the plaintiff’s damages assessed at $550, for which judgment was entered against the defendants, and from this judgment they appeal to this court. A motion…
1Opinion of the CourtJustice Dickey
To maintain trover, the plaintiff must show a tortious conversion of personal property by defendant, and that, at the time of such conversion, the plaintiff had a right of property in the chattel converted, and also had the possession thereof, ■or a right to the immediate possession.
This right to possession must be absolute and unconditional. It is said in 1 Chitty’s Pleadings, 167: “ To support this action the plaintiff must, at the time of the conversion, have had a complete property, either general or special, in the chattel, and also the actual possession thereof, or the right to the…
2Cited by18 opinions
- Hayes v. Massachusetts Mutual Life InsuranceIllinois Supreme Court · 1888
- Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
- Kennett v. Peters & Co.Supreme Court of Kansas · 1894
- Parker v. First National BankNorth Dakota Supreme Court · 1892
- Central Commercial Co. v. Jones-Dusenbury Co.Court of Appeals for the Seventh Circuit · 1918
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