Trenary v. Cheever

Citations

• 48 Ill. 28

Syllabus

<p>1. Execution—levy—satisfaction. A levy on personal property under a fi. fa. is prima facie a satisfaction, but if, when sold, it proves insufficient, the presumption is rebutted to the extent of the deficit; or if the defendant wrongfully regain and hold possession of the property, the presumption of satisfaction is overcome.</p> <p>2. Same—levy—delivery bond—its effect. Where a sheriff makes a levy under a fi. fa. and the defendant gives a delivery bond finder the statute, and does not return the property according to the conditions of the bond to the sheriff, the levy thereby is removed and the sheriff may levy on other property as though the first levy had not been made, or if the execution is returned not satisfied, an alias execution, and not a venditioni exponas, may issue, and satisfaction obtained by levy on defendant’s property.</p>