City of Champaign v. McMurray

Citations

• 76 Ill. 353

Syllabus

<p>1. Case—evidence under general issue. Under the plea of not guilty, in an action on the case, the defendant may not only put the plaintiff upon proof of the whole charge contained in the declaration, hut may also give in evidence any justification or excuse.</p> <p>2. In an action on the case for an injury to premises, the declaration alleged in the first count that the premises, at the time of the injury, were in the possession of tenants, and that the plaintiff, as trustee, had the reversion thereof, and in the other counts alleged that the plaintiff, as trustee, was in the possession thereof. The defendant filed the general issue: Held, that it was incumbent on the plaintiff to prove either a legal title or an actual possession of the property.</p> <p>3. Possession—hind of, necessa/ry to maintain suit for injury. Where possession of land is relied on for any legal purpose, in the absence of paper title, it must be an actual, and not a constructive, possession.</p>