Doty v. Burdick

Citations

• 83 Ill. 473

Syllabus

<p>1. Forcible entry and detainer—title not involved, but right of possession. In an action of forcible entry and detainer, or forcible detainer only, the title to the premises is not involved, nor can it be inquired into on the trial. Possession, and the right to possession, independent of title, are the only questions involved.</p> <p>3. Same—landlord can not regain possession forcibly. The landlord has no right to employ force and violence to regain possession, although such possession may be wrongful, but must evict by forcibly entry and detainer, or by action of ejectment.</p> <p>3. Same—actual force not necessary. To maintain forcible entry and detainer, or forcible detainer, actual, or constructive force only, is necessary. A mere wrongful entry, or a wrongful holding over, only, is required.</p> <p>4. Title—how shown. A deed from one person to another does not even tend to prove title, unless connected with the paramount source of title, or with a bar of the statute.</p> <p>5. Possession—as evidence of title. A person in the actual, peaceable possession of real estate is presumed to be the owner of the fee until the presumption is rebutted, and he is not required to show in what manner or by what title he holds, until the plaintiff shows paramount title. He may show a belter outstanding title than the plaintiff, and thus defeat a recovery in ejectment, although he may have no title whatever, even though his possession was wrongful in its inception.</p> <p>6. Same—when delivery of hey gives right to. The delivery of a key of a house by a tenant to a person other than the landlord, or his heir, will not transfer aright of possession to such person, unless he has acquired .the interest of the landlord or his heirs.</p> <p>7. Landlord and tenant—tenant estopped to deny landlord's title. A tenant is estopped from disputing his landlord’s title. Having entered under him, the tenant acknowledges that he is the owner.</p> <p>8. Same—when tenant may dispute title of