McMurchy v. O'Hair

Citations

• 67 Ill. 242

Syllabus

<p>Replevin bond—estoppel by recovery in replevin suit. Where a judgment of retorno Tiabendo was rendered in an action of replevin, in a suit upon the replevin bond, the defendants offered to prove that the propertyreplevied, in fact, belonged to the plaintiff in replevin, but had been delivered by him to the defendant in that suit in order to place it beyond the reach of creditors, and had been levied on and sold by said creditors while in the hands of the plaintiff in replevin: Held, that the defendants were concluded by the judgment in th,e replevin to question the owner, ship of the property.</p>