Clark v. Barker

Citations

• 44 Ill. 349

Syllabus

<p>1. Forcible entry and detainer—against whom the action mil Me. In case of a tenant holding over against his landlord, either the tenant, or any person claiming under him, is, by the express provision of the statute, liable to this action.</p> <p>2. But, in the case of a forcible entry, it is the person who makes it who is liable to the action.</p> <p>8. Probably, also, the action might lie against any person going in under the person who had made the forcible entry, collusively, with knowledge of such force, and for the purpose of availing himself of it, because such person might be well considered as himself committing the forcible entry.</p> <p>4. But, where a person has entered into the possession of premises, peaceably and in good faith, as the tenant of a purchaser from one who had previously made a forcible entry, the tenant, or even his landlord, not being a privy to the wrongful act of the grantor, or having any knowledge of it, such occupant is not liable to be turned out by this summary remedy.</p>