Gable v. Wetherholt

Citations

• 116 Ill. 313
• 6 N.E. 453

Syllabus

<p>1. Landlobd and tenant—tenant claiming adversely to his landlord— right to acquire outstanding title. While the relation of landlord, and tenant exists, the latter, in respect to his obligations to the former, such as the payment of rent and the surrender of the premises at the end of the term, is estopped from disputing his title, or from setting up title in himself or another. But this rule does not prohibit the tenant, during the tenancy, from purchasing any outstanding title, and from asserting the same against the landlord after the expiration of the tenancy, and yielding up the possession. The estoppel to deny the title of the landlord then no longer remains.</p> <p>2. There are fiduciary relations where one may not purchase and hold for himself an adverse interest, but the purchase will inure for the benefit of the person toward whom he holds the confidential relations. But a tenant, at least ordinarily, does not occupy such a relation to his landlord, and may purchase an adverse title, and assert it against his former landlord after having surrendered possession to him.</p> <p>3. Injunction—as to action of ejectment—where matters of a purely legal character are involved. Where the title and interest oí a defendant in ejectment are purely legal, and his defence available and cognizable at law, it is error to enjoin the prosecution of the action.</p>