Herron v. Gill
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the County Court of Peoria county; the Hon. L. W. James, Judge, presiding. This was a motion by William A. Herron, for a rule on Samuel L. Gill, late sheriff of Peoria county, to pay appellant the sum due him for rent from Marvin A. Breed, out of the proceeds of assets of said Breed in his (Gill’s) hands, as sheriff, for distribution to execution creditors of Breed.
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Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the County Court of Peoria county; the Hon. L. W. James, Judge, presiding. This was a motion by William A. Herron, for a rule on Samuel L. Gill, late sheriff of Peoria county, to pay appellant the sum due him for rent from Marvin A. Breed, out of the proceeds of assets of said Breed in his (Gill’s) hands, as sheriff, for distribution to execution creditors of Breed. The motion was overruled, and Herron appealed to the Appellate Court for the Second District, where the judgment of the county court was…
1Opinion of the CourtJustice Dickey
A lien is given by the statute to a landlord upon crops growing or grown upon demised premises in any year, for the rent that shall accrue during such year, (Rev. Stat. 1874, chap. 80, sec. 31,) but no specific lien is created or given as to any other property of the tenant. (Hadden et al. v. Knickerbocker, 70 Ill. 677.) At common law, before the adoption of the statute of 8th Anne, G. 14, the landlord had no lien of any kind, but only a right to distrain. Grant v. Whitwell, 9 Iowa, 156; Doane v. Garretson, 24 id. 351; Craddock v. Riddlesbarger, 2 Dana, 208; Eye v. Eye, 5 Watts, 139.
This…
2Cases cited7 opinions
- Martin v. BlackNew York Court of Chancery · 1842
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
- Craddock v. RiddlesbargerCourt of Appeals of Kentucky · 1834
- Hastings v. BelknapCourt for the Trial of Impeachments and Correction of Errors · 1845
- Pierce v. ScottSupreme Court of Pennsylvania · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- First National Bank of Joliet v. AdamIllinois Supreme Court · 1891
- Campbell v. KaczmarekAppellate Court of Illinois · 1976
- Cottrell v. GersonAppellate Court of Illinois · 1938
- Powell v. DailyIllinois Supreme Court · 1896
- First State Bank v. De Kalb BankAppellate Court of Illinois · 1988
8 more not listed; retrieve them via the Exa API.