Clark v. Lewis

Citations

• 35 Ill. 417

Syllabus

<p>1. Summary proceedings —for divestiture of title. In all summary proceedings to divest a party of title to his property, the law authorizing the proceeding must be strictly pursued, or the whole transaction will be void.</p> <p>2. Impounding animals, and the sate thereof. Under an ordinance of a town prohibiting the running at large of certain animals, except at certain seasons of the year, and authorizing the impounding of the same, and their sale after giving notice, the poundmaster has no authority to act unless the animal was running at large, and at a time prohibited by the ordinance.</p> <p>3. If the animal was not at large when taken up by himself or others, by detaining the property the poundmaster becomes a trespasser.</p> <p>4. Were he to impound an animal not subject to such a proceeding, the act being unauthorized and illegal, a purchaser at his sale would acquire no title to the property.</p> <p>5. Where the ordinance requires that not less than ten days’ notice shall be given before a. sale of an impounded animal shall be made, this is an essential prerequisite of such a sale, and cannot be dispensed with by the officer. An abridgement of the time for the shortest period must avoid the sale.</p> <p>6. Nor can the sale be sustained where the poundmaster sells two animals, belonging to different owners, together at the same bidding. They should be sold separately.</p> <p>I. Justification by an officer—for seizing and selling property. When a poundmaster is sued for the property, he can only justify his acts, like an officer acting under an execution, by showing his authority. He must prove that the animal was in that situation which the ordinance designated to authorize the seizure, before he would be justified.</p> <p>8. The mere fact that they are officers of the law does not constitute a justification for seizing or selling property, but the authority to do so must be shown.</p> <p>9. Purchasers at such sales—must be held to the same character of p