Allen v. Tobias

Citations

• 77 Ill. 169

Syllabus

<p>1. Forcible entry and detainer—sufficiency of possession. Where a party claiming a vacant lot, inclosed the same by building a fence so as to join with another fence and a brick wall, and thus keep out domestic animals, and inform all persons that the premises were appropriated, it was held, that this was a sufficient actual possession to maintain forcible entry and detainer against parties breaking down and destroying the fence in a forcible manner, under claim of ownership.</p> <p>2. Possession—paityhas no right to take by force. Where a party’s land is in the actual possession of another, even though unlawfully, he has no right forcibly to repossess himself, but must resort to the action of forcible entry and detainer, or the action of ejectment.</p>