Johnson v. Camp

Citations

• 51 Ill. 219

Syllabus

<p>1. Harvested crop—whether it passes under a foreclosure. The owner of land executed a mortgage thereon, which was foreclosed in equity, and a sale had thereunder. Pending the suit for foreclosdre, the mortgagor leased the lands to a third person, who raised a crop of wheat and oats thereon, which he harvested and put in stacks. After the crop was harvested, and before the time of redemption expired, an agent of the purchaser under the foreclosure was put in possession, under a writ of possession, issued at the instance of the purchaser, and took and carried a,way the crop, applying it to his own use or that of his principal: Meld, that the crop so grown upon the premises, and harvested, did not pass to the purchaser under the mortgage, but belonged to the tenant who raised it.</p> <p>2. Measure oe damages—in trespass de bonis asportaiis—of punitive damages. The agent who took and carried away the grain under such circumstances was guilty of a trespass, for which punitive damages might be recovered by the owner, as he should have known that under the law he had no right thereto. Nor is his liability in that regard diminished, because he may have supposed he was entitled to the grain. He should have learned his rights, if he did not know them.</p> <p>3. In actions of trespass de bonis asportaiis, the plaintiff is entitled to recover no more than the value of the property, when appropriated, unless the trespass were willfully or maliciously committed, and in such case punitive damages may be awarded. This is a question for the jury.</p>