Cadwallader v. Harris

Citations

• 76 Ill. 370

Syllabus

<p>i, Former recovery—against vendee of land,, in ejectment, does not con-elude vendor. A recovery in ejectment by default against the vendee of land who is in possession under an unexecuted contract of purchase, is not conclusive upon the rights of the vendor, even though he had notice of the pendency of the suit, and can not be set up to defeat an action of ejectment subsequently brought by him for the same land.</p> <p>2. A recovery in such a case will conclude only the defendant in the action, as shown by the record, and all persons claiming from or through him bj- title accruing after the commencement of the action, and the landlord when the defendant is his tenant. The relation of landlord and tenant does not exist between vendor and vendee.</p> <p>3. Statutes—extent of their effect oh common law. It is a general rule, that statutes are not to be presumed to alter the common law farther than they expressly declare.</p>