Koob v. Ammann

Decided April 2, 1880

Appellate Court of Illinois · decided 1880-04-02

Clair county; the Hon. William H. Sstdeb, Judge, presiding. .This was an action of trover by appellee for 270 bushels of wheat, grown by a tenant upon appellee’s farm, and seized and sold by appellant under an execution from a justice’s court against appellee. The writ of attachment against appellee in the justice court was levied upon one-third of thirty-five acres of wheat growing on the farm of appellee, and afterwards sold upon execution issued in said cause.

Relies on Dixon v. Niccolls · Alwood v. Ruckman · Sargent v. Courrier

Decided 1880-04-02

Per Curiam.

¶1We think this case was correctly decided. The execution was substantially formal, but the defendant in attachment had, at the time, no such interest in the wheat as tenant in common, or otherwise, as could be levied upon. Alwood v, Ruckman, 21 Ill. 200; Dixon v. Niccols, 39 Ill. 372; Sargent v. Courrier, 66 Ill. 245.

¶2The rent wheat was to be delivered to the landlord when threshed, in the granary — and until so set apart for him the landlord had no specific part — so the levy and sale were unauthorized and void. But when the grain was threshed a portion was set apart as the landlord’s, and was improperly delivered to the agent of Iloob.

¶3This may he treated by the landlord as a segregation of his share, and he may recover its value in this action.

¶4Judgment affirmed.