Ballou v. Jones

Citations

• 37 Ill. 95

Syllabus

<p>Estoppel—in pais. Where the lessee of a town lot, having erected a building thereon, supported by posts set in the ground, under a provision in the lease that he might remove all buildings at the end of the term, makes a chattel mortgage upon said building, describing it as personal property, both he, and all persons claiming under him, will be held estopped from denying that such building is personal property, as against all persons claiming under said mortgage, and if the widow of the lessee has surreptitiously acquired the possession of such building, and holds it against the purchaser under the mortgage, she cannot protect her possession against an action of replevin brought by him, by setting up the title of the landlord, or a homestead right in herself.</p>