Merricks v. Davis

Citations

• 65 Ill. 319

Syllabus

<p>1. Evidence—excluding all of party's evidence on motion. Where a plaintiff has evidence tending to make out his case, it is error for the court to exclude it all on the motion of the other party.</p> <p>2. On a trial of the right of property, it appeared that the corn in controversy had been levied on as the properly of a tenant of the claimant, and that the same had been raised under a contract between the claimant and tenant, by which the latter was to deliver the grain, when harvested and gathered, to the claimant, in pens and granaries to be provided by the landlord. The claimant testified that none of the corn had been delivered to him at his residence when the levy was made, or the amount agreed on, while the tenant testified it had been delivered to the claimant on the premises before the levy. There were facts and circumstances testified to, showing that all the delivery was made of the crops, while growing, of which they were capable, and as fast as harvested they were set apart to the claimant. After evidence was concluded, the court excluded all of the claimant’s evidence : Held, that it should have been submitted to the jury to determine whether the parties had, hy the agreement and acts done under it, completed the contract.</p> <p>3. Right oe property—validity of execution. On the trial of the right of property, which has been levied on, the claimant can not he allowed to take advantage of the fact that the execution under which the levy was made was void.</p>