Amick v. Young

Citations

• 69 Ill. 542

Syllabus

<p>1. Evidence—declarations of third, party in possession of property as part of res gesta. The declarations and statements of a defendant in an execution, while in the actual possession of property, exercising full control over it, directing the workmen in repairing the same, and offering to sell, claiming it as his own, are legitimate and proper evidence against one claiming the property as against the sheriff, who has levied upon the same for the debt of the party whose declarations are sought to be shown, as they are a part of the res gesta.</p> <p>2. Possession—evidence of ownership. The fact that a party was in the actual possession of a building, which was personal property, making and paying for repairs upon it, offering to sell it, and exercising other acts of ownership, furnishes presumptive evidence of ownership in him, subject to be rebutted by the adverse claimant. If it be shown that such person was an agent, employed to superintend the making of such repairs, then no title could be based upon such acts of ownership.</p> <p>3. Juror—error cured in not allowing peremptory challenge. Where a juror is excused and does not serve in a cause, this will obviate any error in not allowing a challenge made on the ground that he had served as such in the court within a year, as the error in such case could work no injury.</p> <p>4. Appeal—requiring too great a penalty in bond, no ground for reversing judgment appealed from. The requiring of an appeal bond in too great a penalty is not a ground of error for reversing the judgment in the case appealed from.</p> <p>5. Levy—abandonment of—creditor's bill. The filing of a creditor’s bill, after the levy of an execution, in aid of the execution to remove a cloud upon the title, so that it may bring its value when sold, is not an abandonment of the levy.</p> <p>6. Burden of proof—in replevin. In replevin, the burden of proof is upon the plaintiff to show that the property is his, or that he has a right to its immediate