Dudley v. Lee

Citations

• 39 Ill. 339

Syllabus

<p>1. Forcible entry and detainer, and forcible detainer—by vjhom the action must be brought. Where there has been a forcible or unlawful entry upon lands, the right to maintain an action of forcible entry and detainer therefor, vests at once in the one whose possession is invaded, and this right must be exercised, during his life, in his own name.</p> <p>2. It will not pass to his assignee, to be asserted in the name of the latter, the object of the statute being to give a summary remedy to one who has been forcibly dispossessed, without reference to his title or to his right of possession.</p> <p>3. The words in the statute concerning forcible entry and detainer, which give a right of action to the person “ entitled to the possession,” apply to cases brought for forcible detainer simply, and not to those for forcible entry and detainer.</p> <p>4. So, although the party who was dispossessed may have conveyed the premises to another before suit brought, still the action must be in the name of the former.</p> <p>5. But there is no right of action against a tenant, who holds over, until “ a demand made in writing by the person entitled to the possession; ” and, as against the tenant, that person must be either the landlord or his legal representative by assignment or otherwise, and it maybe either of them. And the right of action vests alone in the person so “ entitled to the possession.”</p> <p>6. If the landlord has alienated the reversion during the lease, then hig alienee is “ entitled to the possession ” at its termination, and he should make the demand and bring the action.</p> <p>7. Forcible entry and detainer—disclaimer by the plaintiff before the entry. In an action of forcible entry and detainer it is competent for the defendant to prove that prior to the entry the plaintiff disclaimed to him any interest or claim in the premises; and, if proven, such fact will constitute a defense to the action.</p> <p>8. Nor does the fact that the plaintiff was a tenant of