Bishop v. Ellsworth
| Decision Date | 02 February 1968 |
| Docket Number | Gen. No. 67--2 |
| Citation | 234 N.E.2d 49,91 Ill.App.2d 386 |
| Parties | Dwayne BISHOP, Plaintiff-Appellant, v. Mark ELLSWORTH, Jeff Ellsworth, David Gibson, and Canton State Bank, an Illinois Banking Corporation, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Frederick W. Allen, Peoria, for plaintiff-appellant.
Scott & Sebo, James Van Sickle, Canton, for defendants-appellees.
Dwayne Bishop, plaintiff, filed a complaint alleging that on July 21, 1965, defendants, Mark and Jeff Ellsworth and David Gibson, three small boys, entered his salvage yard premises at 427 Mulberry Street in Canton, without his permission, and while there happened upon a bottle partially imbedded in the loose earth on top of a landfill, wherein they discovered the sum of $12,590.00 in United States currency. It is further alleged that said boys delivered the money to the municipal chief of police who deposited it with defendant, Canton State Bank. The complaint also alleges defendants caused preliminary notices to be given as required by Ill.Rev.Stat., Chap. 50, Subsections 27 and 28 (1965), but that such statute or compliance therewith does not affect the rights of the plaintiff. The complaint then prays that the court appoint a guardian ad litem for the minor defendants, and adjudicate 'the rights of the parties hereto with respect to (the) currency hereinabove mentioned.' To this complaint, an attorney on behalf of the next friends and natural guardians of the minor defendants, filed a motion to dismiss on the grounds that no cause of action is stated. The trial court, after hearing arguments, sustained this motion, and after ascertaining, at the same time, that plaintiff admitted to no claim except as theretofore set forth in the complaint, denied him leave to amend. Plaintiff has perfected this appeal from the order dismissing his complaint and denying his request for leave to amend.
It is plaintiff's contention that an owner or person in possession of land has a right of possession also to all property in, on and under it, against all but the rightful owner, and that the complaint herein, alleging that defendants, as trespassers, took the money from plaintiff's private grounds, is sufficient in law to state a claim to the possession of the discovered property. It is defendant's contention that the provisions of Ill.Rev.Stat., Chap. 50, Subsections 27 and 28 govern this case. The relevant portions of this statute are as follows: * * *' '28. Advertisement * * * If the value thereof exceeds the sum of $15, the county clerk, within 20 days after receiving the certified copy of the judge or magistrate's estray record shall cause an advertisement to be set up on the court house door, and in 3 other of the most public places in the county, and also a notice thereof to be published for 3 weeks successively in some...
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People v. Four Thousand Eight Hundred Fifty Dollars ($4,850) United States Currency
...of that person ( People v. Morrison, 178 Ill.App.3d 76, 90, 127 Ill.Dec. 248, 532 N.E.2d 1077 (1988); Bishop v. Ellsworth, 91 Ill.App.2d 386, 391, 234 N.E.2d 49 (1968)). Because Woodland controlled his residence at 227 North 25th Street along with everything inside it, he was in constructiv......
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Benjamin v. Lindner Aviation, Inc.
...of found property. We note this position is consistent with that taken by most jurisdictions. See, e.g., Bishop v. Ellsworth, 91 Ill.App.2d 386, 234 N.E.2d 49, 51 (1968) (holding lost property statute does not apply to abandoned or mislaid property); Foster v. Fidelity Safe Deposit Co., 264......
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People v. Four Thousand Eight Hundred Fifty Dollars U.S. Currency
...is considered to be in the constructive possession of that person (People v.Morrison, 178 Ill. App. 3d 76, 90 (1988); Bishop v. Ellsworth, 91 Ill. App. 2d 386, 391 (1968)). Because Woodland controlled his residence at 227 North 25th Street along with everything inside it, he was in construc......
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Chance v. Certain Artifacts Found and Salvaged
...found resting in "loose surface soil" satisfy the embeddedness requirement as anticipated by common law. Finally, in Bishop v. Ellsworth, 91 Ill. App.2d 386; 234 N.E.2d 49 (1968), three small boys, while playing in a salvage yard without the owner's permission, discovered a bottle "partiall......