Dunstedter v. Dunstedter

Citations

• 77 Ill. 580

Syllabus

<p>1. Forcible entry and detainer—of barn by one homing amere license to occupy in common with owner. Where a party erected a barn on his lot, and allowed his son to occupy and use the same in common with himself, for many years, without any rent or contract respecting the same, ami the son finally took exclusive possession thereof, and kept the owner out of the same: Held, in an action of forcible entry and detainer, by the father against the son, for possession, that the plaintiff was entitled to recover.</p> <p>2. Real estate—occupancy by mere permission gives no right in, as against owner. Where a father permits his son to occupy his barn continuously with himself for a long time, under no contract or agreement, this will not vest in the son any right in the property, or to its possession. It amounts only to an implied license, subject to revocation by notice at any time.</p> <p>3. Same—building ejected on, by owner's consent. If the owner of a lot consents to the building of a barn thereon by another, without any terms being agreed upon, the presumption will be that the barn was to become a part of the freehold, or that the owner is to pay for the building.</p>