Ducker v. Wear & Boogher Dry Goods Co.

Citations

• 145 Ill. 653
• 34 N.E. 562

Syllabus

<p>1. Appeal—whether freehold is involved-—attachment of land. As between an attaching creditor and the defendant in attachment no freehold is involved, though the defendant’s land may be levied on under the writ. In that case the plaintiff does not seek to get the title to the land, but to establish a lien thereon for the amount of his debt.</p> <p>2. But when land is attached as the property of the defendant, and a third person intervenes and denies the title of the defendant in the attachment, and claims such land adversely, and a demurrer is filed and sustained to the interplea, an appeal from the order sustaining the demurrer involves a freehold, and an appeal to the Appellate Court will be properly dismissed.</p> <p>3. A freehold is not only involved when the necessary result of the judgment or decree is, that one party gains and the other loses a freehold estate, but also when the title is so put in issue by the pleadings that the decision of the case necessarily involves a decision of such issue.</p> <p>4. Same—;freehold defined. A freehold may be defined as an estate in real property, of inheritance or for life, or the term by which it is held.</p> <p>5. Attachment—interpleader—sufficiency. An allegation in a plea of interpleader to an action by attachment, which is levied on real estate, that the attachment debtor has no ‘.‘present or existing leviable interest” therein, is equivalent to an averment that he has no freehold estate in the land attached.</p>