Cox v. Cunningham

Citations

• 77 Ill. 545

Syllabus

<p>1. Landlord and tenant—one entering under tenant has no better rights. If a tenant underlets or puts another in possession of the demised premises, he will confer no better or higher rights than he himself holds, and the person entering under him will be liable to be dispossessed by the landlord by forcible detainer the same as the first tenant, had he remained in possession.</p> <p>2. Same—effect of attornment by tenant to another, on landlord's rights. If a tenant attorns to, or receives a lease from, a third part}-, it will in nowise affect the landlord’s rights, or deprive him of any of his remedies.</p> <p>3. Forcible detainer—by landlord against party to whom his tenant attorns and surrenders possession. If a tenant should attorn to another, and is turned out of possession by forcible detainer by the person to whom he attorns, the first lessor can maintain the same action against the second landlord. The latter, in such case, can occupy no better position than the tenant under the first lease.</p> <p>4. Attornment—sufficiency of proof to shoto. Where a tenant went into possession under a lease, and another person brought ejectment to try the title, and claimed to be the owner, and entitled to the rents, a mere prom, ise to pay rents to the latter person, which is not accepted, without agreeing to hold under such claimant, and without any agreement on the part of the claimant that he may hold the premises until the title was settled, or any contract to pay future rents, wilhnot be sufficient to show an attornment.</p> <p>o. Same—proof must be clear and satisfactory. Where a tenant of one person is in possession, to create the relation of landlord and tenant between him and another person, the evidence must be reasonably satisfactory, and it will not be inferred from slight circumstances.</p> <p>6. Forcible entry and detainer—possession necessary, to maintain. Where a party has been in the possession of land for several years, and an adverse claimant enters a