Cobb v. Lavalle

Citations

• 89 Ill. 331

Syllabus

<p>1. Ejectment—plaintiff must recover on the strength of his own title. In ejectment, the plaintiff must recover, if at all, on the strength of his own title, and not upon the weakness of that of his adversary. The plaintiff must show title although the defendant in possession has no paper title.</p> <p>2. Same—outstanding title or right of possession. A defendant in ejectment has the right to show title out of the plaintiff, or a right of possession in a third person, and thus defeat a recovery.</p> <p>3. Same—outstanding title by lease. A lease of land for ninety-nine years, under seal, and acknowledged and recorded in the same manner as deeds are required to be, may be shown in evidence by a defendant in ejectment-, though he does not connect himself with it-, and thus defeat the action brought by the lessor.</p> <p>4. Same—plaintiff must have the right of possession. A plaintiff in ejectment can not recover, though he has title, when the legal right to the possession is in another. A lessor of lands can not recover the demised premises during the term, or while the lessee has the right of possession under the lease, even against one not claiming under the lease.</p> <p>5. Landlord and tenant—tenant takes accretions. A lessee of land bordering on a stream not navigable at common law, is entitled to the accretions thereto caused by the receding of the stream, or a change in its current-, during his term, even though the bank of the stream is named as a boundary of the demised premises. Such accretions will attach to and form a part of the grant, the same as under a deed of conveyance.</p> <p>6. Accretions—subject to same liens, etc., as the original land. - Where land on a navigable river is leased, mortgaged, or subject to any other lien, subsequent accretions thereto will come under the same burdens and liens attaching to the land as originally existing.</p>