Blanchard v. Pratt

Citations

• 37 Ill. 243

Syllabus

<p>1. Instructions —forcible entry and detainer. An instruction, which, by its terms, cuts off all consideration of an actual adverse possession in the opposite party is erroneous.</p> <p>2. As to color of title. It is objectionable in an instruction, if it fails to define what is color of title, that being a question of law.</p> <p>3. Same—as to legal possession. An instruction on the question of legal possession is objectionable, if it leaves it to the jury to say what is a legal possession, for that is a question of law.</p> <p>4. Evidence—witness swearing falsely. It is error to tell the jury if a witness has sworn falsely in one particular, his whole testimony must be rej ected, for he may, in other portions of his testimony, be corroborated.</p> <p>5. Where it appears, from the record, that improper instructions have been given, and that justice had not been done, the judgment will be reversed.</p>