Forth v. Pursley
Illinois Supreme Court
Appeal from the Circuit Court of Clay county; the Hon. James C. Alleh, Judge, presiding. This was an action of trover against Forth, for the alleged conversion to his own use of the undivided half of a certain portable saw mill, alleged to have been, at the time of the conversion, the property of George Pursley. The proof for plaintiff tends to show the following: The mill was bought in Hay, 1870, by Wm. Pursley and Wm. Jacks, and, in the spring of 1871, Wm.
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Appeal from the Circuit Court of Clay county; the Hon. James C. Alleh, Judge, presiding. This was an action of trover against Forth, for the alleged conversion to his own use of the undivided half of a certain portable saw mill, alleged to have been, at the time of the conversion, the property of George Pursley. The proof for plaintiff tends to show the following: The mill was bought in Hay, 1870, by Wm. Pursley and Wm. Jacks, and, in the spring of 1871, Wm. Pursley sold his interest to Wm. Jacks. In August, 1871, Jacks sold the whole of the mill to Wm. Pursley, and, soon after, Wm. Pursley…
1Opinion of the CourtJustice Dickey
In actions of trover, it is essential that the plaintiff, at the time of the alleged conversion of the property, have had not only the right of property in the chattel, but the right to the immediate possession of the same. In this case, the only proof tending to shoxv a conversion of the property by the defendant, is that in relation to a supposed demand made about a week after the sale of the mill for taxes, when the plaintiff swears the defendant “would not let me have the mill.”
The mill was leased on the 2d of December, by plaintiff and Wheeler, to Abbot and Faltón, for three months from…
2Cited by12 opinions
- Gaar, Scott & Co. v. HurdIllinois Supreme Court · 1879
- St. Anthony & Dakota Elevator Co. v. Bottineau CountyNorth Dakota Supreme Court · 1900
- Crosby v. StrattonColorado Court of Appeals · 1902
- Meyers v. FerrisSupreme Court of Florida · 1926
- Reynolds v. De GeerAppellate Court of Illinois · 1883
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