Citation. 101 ER 828, Volume 101
Brief Fact Summary. Plaintiff sued Defendant in trover for furniture. Plaintiff leased a house to A with the furniture in question in the house. Defendant, the sheriff, seized the goods and then sold them in an executed judgment against B, who had previously sold the goods to Plaintiff prior to Plaintiff leasing the house.
Synopsis of Rule of Law. In order to maintain an action in trover, the party must actually have a present right to possess the property in question.
Facts. Plaintiff leased a house to A with furniture in the house. While A was in possession of the house, Defendant seized the furniture from the house based on an executed judgment against B. B had previously sold Plaintiff the furniture prior to Plaintiff leasing the house to A. Plaintiff sued Defendant, the sheriff for the furniture in trover.
Issue. Can Plaintiff sue for trover of the goods even though he does not have a present interest in the property and right to possession?