Richardson v. Rardin

Citations

• 88 Ill. 124

Syllabus

<p>1. Trover—right of officer levying execution to maintain. The fact that the plaintiff in execution, after a levy has been made upon corn, and after it has been wrongfully taken and converted by the defendant, gave the officer instructions not to sell certain other corn levied upon, especially where it is shown that the corn not sold was improperly levied upon, does not deprive the officer of Ms right to maintain trover against the defendant, or have the effect to release the levy.</p> <p>2. Same—neglect to sell all the corn levied on does not justify a conversion. The neglect to sell a portion of a lot of corn levied upon under an execution, subsequent to a conversion of the remainder by a third person claiming to have bought the same, will not justify the wrongful act of the defendant’s conversion, especially where the failure to sell was in consequence of a superior title in a third person.</p> <p>3. Where a levy is made, by mistake, upon property not subject to the execution, it is invalid to that extent only, and its subsequent release can not affect the right of the officer to recover for the property rightfully levied upon and improperly converted by another.</p> <p>4. Levy—acts constituting, as to crib of corn. Where a constable, in actual view of the property, levied upon a large crib of corn, indorsing the levy on the execution, the defendant in execution being present, getting a load of corn, and where the constable notified him of the levy, and forbade his further interfering with the corn, and, at the time, nailed boards across the crib to secure the corn, and then gave notice, in the hearing of several persons near, that he had levied on the corn, and that it must not be disturbed, it was held, that, as his act, but for the writ, would have been a trespass, the levy was good, and sufficient publicity was given of it.</p> <p>5. Same—good, as to one having actual notice. A party having actual notice of the levy of an execution upon a large amount of co