Dickerson v. Hendryx

Citations

• 88 Ill. 66

Syllabus

<p>1. Declaration—in ejectment. In ejectment, whether against one in the actual possession of the land sued for, or against one exercising acts of ownership on the same, or claiming title thereto or some, interest therein, the form of the averment required in the declaration by the statute is the same.</p> <p>2. Pleading—plea must answer all it professes. A plea professing to answer the whole declaration, which, in fact, answers but a part, is obnoxious to demurrer.</p> <p>3. Same—plea denying possession in ejectment. As the declaration is the same in ejectment against a defendant in possession as against one claiming title or some interest, where the premises are not occupied, a plea to the whole cause of action, denying that the defendant is in possession, is bad on demurrer, as not answering all it professes.</p> <p>4. Same—pleas in ejectment. The defendant in ejectment may file separate pleas denying his possession, or (the premises being unoccupied) that he claims title or some interest in the land or that a demand of possession was made before suit, but they must be limited as to the particular defense set up in each, and should not profess to be to the entire cause oí action.</p> <p>5. Practice—judgment as to part of declaration not answered. If a plea professing to answer but a part of a declaration, in fact does answer only a part, and there is no plea to the other parts of the declaration, the plaintiff may, at any time during the term, have judgment by nil dicit for the parts unanswered.</p> <p>6. Error—party can not assign error as to co-defendant. On appeal or writ of error in this court, a party can not take advantage of an error in the court below as to a co-défendant, in which he has no interest.</p> <p>7. Same—proof of what is not required, no ground of error. A defendant can not assign for error that the plaintiff was allowed to prove a fact not required to he proved, as, that he disclaimed any interest in land sought to be recovered in ejectment w