Mead v. Thompson

Citations

• 78 Ill. 62

Syllabus

<p>1. Landlord’s lien—not dependent 'upon a distress. A landlord’s lien upon crops growing or grown upon the demised premises in any year, for rent that shall accrue for such year, does not depend upon the levy of a distress warrant, but is given by the statute, so that an attaching creditor can not, by bringing an attachment before the issuing of the distress warrant, gain any precedence.</p> <p>2. Trover and trespass—what act will make a party liable for a conversion. It is not necessary, to render one liable in trespass or trover, that there should be an appropriation of the thing to the party’s own use or beneficial enjoyment. The disposing, or assuming to dispose, of another man’s goods, without hi's authority, is a conversion of them.</p> <p>3. Same—liability of bidder who transfers his bid,. Where a creditor of a tenant attached the crops of the latter, upon which the landlord had a lien for rent, and, after the levy of a distress warrant, purchased the same at the sale under his attachment, and transferred his bid to a third person, who took and disposed of the crops: Held, that the creditor, by bidding off the property and transferring his bid, assumed such control over the property as amounted to a conversion, and rendered him equally liable with his assignee to the landlord for the amount of his lien for rent.</p>