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54 Ill. App. 653

Camp v. Unger

Appellate Court of Illinois

Decided April 30, 1894

Appellate Court of Illinois · decided 1894-04-30

<p>1. Demand—Not Necessary, When.—No demand for property is necessary after an actual conversion,</p> <p>2. Lien—Does Not Pass to Third Party on Discharge.—Where a livery stable keeper had a lien upon property in his keeping, which was paid off by a constablehaving an execution against the reputed owner, it was held that the lien did not pass to either the constable or the plaintiff in execution, and was no impediment to an action in trover by the real owner.</p>

Cited by 2 later decisions — most recently November 1971

2 state decisions

Relies on Hayes v. Massachusetts Mutual Life Insurance · Follett v. Edwards

Good law ✅— No negative treatment on recordhow we know

and affirmed · Decided 1894-04-30

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Mr. Justice Gary

¶1delivered the opinion of the Court.

¶2The appellee was the wife of Dr. Unger, against whom the appellant Camp had a justice’s execution, which the appellant Stephens, as constable, executed, by levying upon a phaeton and selling it to Camp as the best bidder.

¶3The appellee claims that she furnished to her husband the money with which he bought the phaeton for her, and she sued the appellants in trover.

¶4The acts of the appellants were a conversion by both, if the property was hers. Follet v. Edwards, 30 Ill. App. 386.

¶5Mo demand for the property was necessary after an actual conversion. Hayes v. Mass. Life, 125 Ill. 626.

¶6If the livery stable keeper had a lien, which the constable discharged, it did not pass to either of the appellants, and was no impediment to her action. Jones on Liens, Secs. 983-987.

¶7The only real question in the case is whether the appellee was the owner of the phaeton. Upon that she was the only witness, and the verdict of the jury in accord with the only evidence can not be disturbed. The judgment is affirmed.

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