Bates v. Courtwright

Citations

• 36 Ill. 518

Syllabus

<p>1. Recoupment, in trespass. A party distrained a quantity of growing corn for rent which he claimed to be due him from the owner; the proceedings to enforce the distress resulted in favor of the defendant. While those proceedings were pending, the party making the distress caused the corn to be harvested. Held, that in an action of trespass against him for distraining and carrying away the corn, he had a right to recoup the expense of harvesting it.</p> <p>2. “If a man having rent issuing out of land, disseizes the tenant, in an assize brought by the latter, the disseizor may recoup the rent in damages. So, if the disseizor repairs the house or sows the land, the same shall be recouped in damages.”</p> <p>3. Mitigation of damages, in trespass. Where property taken by a trespasser has been appropriated to the owner’s use by his consent, expressed or implied, it may be applied in reduction of damages.</p> <p>4. And such consent is always implied, where the property has been legally seized and sold, under process in favor of a stranger against the owner.</p> <p>5. The rule applies with equal force where the process under which the property was seized and sold, is in favor of the trespasser, as where it is in favor of a stranger.</p>