Searles v. Crombie
Illinois Supreme Court
This was an action of trespass, brought before a justice of the peace to recover damages for the wrongful taking of a mare from the possession of plaintiff in error, and taken by appeal to the Circuit Court of Lee county. There was a trial by jury, and a verdict and judgment for the defendant below.
1Opinion of the Court
Catón, C. J.
The qualification which the court gave to the plaintiff’s instructions was not right. The principle of the instructions was, that possession without title is sufficient to maintain trespass, and that if the defendant had taken the ■mare from the plaintiff’s possession, the jury should find the ■defendant guilty ; to which the court added this qualification, “ unless the defendant has proved some right to her in himselfj or those who assisted in such taking.” This is not the law. There may be many interests in property which will not justify a trespass by taking it. The right of…
2Cited by2 opinions
- Bartleson v. MasonAppellate Court of Illinois · 1894
- Burt v. BlakeAppellate Court of Illinois · 1884