Merritt v. Eagan

Citations

• 59 Ill. 212

Syllabus

<p>Teespass by an officer, in the execution of process—of the rights of primes to the judgment. A person who was a silent partner of the plaintiff in an action of replevin, in respect to the goods involved in the suit, purchased his co-partner’s interest therein pending the suit, and took the property into his own possession. The action of replevin was dismissed without a trial upon the merits, and a writ of retorno habendo awarded, which was placed in the hands of an officer, who went upon the premises of the party who had thus obtained the possession of the goods, and seized them under the writ: Held, the person from whom the goods were taken under the writ of retorno habendo, in either capacity—as a partner of the plaintiff in replevin, or as his vendee pending that suit—was a privy to the judgment awarding the writ of retorno, and was estopped from asserting his title as against the right of the officer to execute the writ. The officer was not a trespasser in making return of the property.</p>