Dunning v. South

Citations

• 62 Ill. 175

Syllabus

<p>1. Beplevin—right of possession. In a suit upon a replevin bond, brought after the dismissal of the replevin suit, the only issue made by the pleadings was, in whom was the right of possession to the crops replevied at the time of suing out the writ of replevin? It appeared that the plaintiff in replevin had leased his farm to the defendant in the replevin suit, reserving the property in the crops as security for the delivery of his share thereof. The jury found the right of possession in the tenant, the plaintiff in the suit on the bond: Held, that the verdict was right; and although the defendant may have had the property in the crops as a security, yet the right of possession was in the plaintiff.</p>