Bowar v. Chicago West Division Railway Co.

Citations

• 136 Ill. 101
• 12 L.R.A. 81

Syllabus

<p>1. Ejectment—conclusiveness of judgment. A judgment in ejectment finding title and. the right of possession in the plaintiff, is conclusive in respect of the title of the defendant and his right to possession, without regard to the mode of executing the judgment.</p> <p>2. Same — writ of possession — within what time it may issue. The common law rule that a writ of possession, in ejectment, shall not issue for the first time after a year and a day from the entry of judgment, is not now in force in this State, it having been repealed by implication. The judgment does not become dormant until after the lapse of seven years from its entry, and may be executed within that time without being revived.</p> <p>3. But if the common law rules were not repealed, the issue of a writ of possession after the lapse of a year and a day would be merely irregular, except in cases where it had been enjoined or stayed by agreement, appeal or writ of error, and if issued after that time the writ would not be void, but voidable only.</p> <p>4. Same—control of the court over final process. 'In ejectment, the court that renders judgment exercises a species of equitable jurisdiction over the writ of possession, recalling it if justice requires, and sometimes, after it has been executed, awarding a writ of restitution. But restitution will not be awarded when, by the judgment, the plaintiff both the title and the right to immediate possession.</p> <p>5. Same—entry without writ of possession. Where the plaintiff in ejectment recovers judgment for the recovery of land, he may enter without suing out a writ of possession. If the property is unoccupied, the successful plaintiff may enter peaceably into possession, and such . possession will not be disturbed by writ of restitution while the judgment remains in full force and effect.</p> <p>6. Appeal—whether a freehold involved—writ of restitution—in ejectment. A petition filed in an ejectment suit to quash a writ of possession after its execut