Chapin v. Foss

Citations

• 75 Ill. 280

Syllabus

<p>1. Party at law—homing legal title may sue. When real estate is devised to a party, such party may maintain an action in his individual name for the use and occupation of the premises, although he may hold the property as trustee. It is no concern of the defendant in what capacity he sues. If the plaintiff is trustee he must account for the proceeds recovered.</p> <p>2. Use and occupation—as between tenants in common. To render one co-tenant liable to another for rent for'use and occupation, there must be something more than an occupancy of the estate by one and forbearance to occupy by the other.</p> <p>3. When a firm occupies premises belonging to two of its members as tenants in common, and pays rent to them for its use, this will create the relation of landlord and tenant; and if, after the death of one of the owners, the remaining members of the firm continue such occupation, it will be presumed, in the absence of notice to the contrary, that the relation continues, and the firm will be liable to pay the devisee of the deceased land lord for the use and occupation of his undivided half of the premises without an express promise to that effect.</p>