Churchman v. Stockton

Citations

• 46 Ill. 410

Syllabus

<p>1. Officer—when not liable for selling property exempt from execidiem. Where an officer levies upon and sells the property of another, by the statute exempt from execution, with the full consent of such party, he, at the time, making no claim of exemption, although fully apprized of his rights, such officer does not subject himself to the penalty prescribed by the statute, of three times the value of the property so levied on and sold.</p> <p>2. Allegations and proofs. In an action against the officer, the execution was described in the declaration as in favor of John H. Clark, for the use of Joseph A. J. Hostetter and George W. McMillon against Ira Stockton, and the execution offered in evidence was in favor of J. A. J. Hostetter and J. H. Clark, for the use of G. W. McMillan, against Stockton. The variance was fatal.</p>