Mulheisen v. Lane

Citations

• 82 Ill. 117

Syllabus

<p>1. Trover—when it lies. An officer acquires no such interest in property, until lie has seized it under execution, as gives him the right to recover the value in an action of trover, or the properly itself in replevin. Until after a levy, he can maintain no action in respect to personal property of the defendant in execution.</p> <p>3. Same—when demand is necessary. Where personal property is taken on execution hy a constable, trover can not be maintained against the plaintiff in the execution when sued with the officer, without proof of a demand and refusal to surrender the property.</p> <p>3. Officer—e ights of, under execution. If an officer reduces personal property to possession hy a levjr under an execution, and any one dispossesses him, he may recapture it, or recover the value of his special interest in it, in an action of trover.</p>