Dinet v. Eilert

To maintain his action, it was incumbent upon the plaintiff below to show, by a preponderance of evidence, that he had an absolute or special property in the house, boiler and engine, and the actual possession or the immediate right to it at the time of the alleged conversion by the defendants. Eisendrath et al. v. Knauer, et al. 64 Ill. 316; Forth v. Pursley, 82 Ill. 152.

The plaintiff sought to show his right of property and of possession in and to the subject matter in question by becoming the purchaser of the same, at a sale thereof by one Glanz, under a chattel mortgage purporting to have…