Legal Opinion

Kreider v. Fanning

Appellate Court of Illinois

Decided February 28, 1898PublishedCited by 3 opinions

Trover.—Appeal from the Circuit Court of Whiteside County; the Hon. James Shaw, Judge, presiding.

1Opinion of the CourtJustice Dibell

deliveeed the opinion of the Coubt.

A plaintiff in trover must recover upon the strength of his own title, and not upon the weakness of the title of his adversary. He must not only show a tortious conversion of the property by defendant, but that at the time of such conversion he had the right of property, either general or special, in the chattels converted, and also the possession or the right to the immediate possession thereof. Union Stock Yard Co. v. Mallory, etc., Co., 157 Ill. 554; Frink v. Pratt, 130 Ill. 327; 1 Chitty’s Pl. 149. The only title of appellee to this corn was by virtue of…

2Cases cited3 opinions

  1. Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.Illinois Supreme Court · 1895
  2. Frink v. PrattIllinois Supreme Court · 1889
  3. Gaff v. HardingIllinois Supreme Court · 1868

3Cited by3 opinions

  1. Kerwin v. BalhatchettAppellate Court of Illinois · 1909
  2. Crookshanks v. RansbargerWest Virginia Supreme Court · 1917
  3. Fanning v. SmithAppellate Court of Illinois · 1899

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