Sample v. Broadwell

Citations

• 87 Ill. 617

Syllabus

<p>1. Process—as a protection to an officer. A writ of replevin commanding the officer to replevy and deliver to another a house, described as the goods and chattels of the plaintiff in replevin, is a full protection to the officer executing the same, even though the building removed may, in fact, be a part of the realty, and the writ impliedly gives him the right to enter upon the defendant’s close to execute the same.</p> <p>2. Pleading—justifying taking of house under writ of replevin. Where an officer, when sued in trespass for entering the plaintiff’s close, and removing a building therefrom, justifies under a writ of replevin, it is not necessary for him to allege and show that such building was in fact personal property. He may rely upon the writ alone as his protection. If the building was, in fact, real estate, the injured party must seek redress against the party who sued out the writ.</p>