Koob v. Ammann

Appellate Court of Illinois

Koob v. Ammann

6 Ill. App. 160, 1880 Ill. App. LEXIS 48

DecidedApril 2, 1880

StatusPublished

This text of 6 Ill. App. 160 (Koob v. Ammann) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Koob v. Ammann, 6 Ill. App. 160, 1880 Ill. App. LEXIS 48 (Ill. Ct. App. 1880).

Pincite

Opinion

Per Curiam.

We 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.

The 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.

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

Judgment affirmed.

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