Gibbs v. Jones

Citations

• 46 Ill. 319

Syllabus

<p>1. Waiver of tort—an action of assumpsit—specially pleaded in bar of ah action of trover. When 'an action of trover is brought, ai action in assumpsit between the same parties brought to recover Va.e value of the property, and which was dismissed without prejudice, cannot be specially pleaded in bar of this action, as waiving the tortious taking. „</p> <p>2. Purchaser—as to title of. The purchaser of property wrongfully taken by the vendor, can obtain no more perfect title to the property purchased, than the vendor himself possessed.</p> <p>3. So, where property was sold upon credit, th’e condition precedent to the delivery of the property béing, that th'e purchaser should execute his promissory noté, running for a period of twelve months, for the purchase money, with approved security; and the purchaser takes the property without complying with the conditions of the sale, and without consent of the vendor, and sells it to a third party, such third party, although an innocent purchaser, and without notice of the wrongful taking, can acquire no better title to the property than his vendor possessed.</p> <p>4. Demand and refusal—not necessary. A demand for the delivery of possession of property, is not necessary where ■ the original taking was tortious, in order that an action of trover may be maintained.</p>