Hardin v. Forsythe

Citations

• 99 Ill. 312
• 1880 Ill. LEXIS 240

Syllabus

<p>1. Landlord and tenant — tenant may not dispute landlords title. Wliere a person enters into the possession of lands as a tenant, before he can assail or call in question the title of the landlord under whom he entered he must restore the possession, and place the landlord in the same position he occupied before he parted with the possession of his lands.</p> <p>2. Same — one succeeding to tenant can not dispute title. The principle which forbids a tenant to dispute the title of his landlord, applies to any person who may acquire the possession from or through the tenant, by collusion or otherwise. He will acquire no greater rights than the tenant.</p> <p>3. Same — tenant may show that landlord’s title has ended. But a tenant may show that the title of the landlord has terminated, — that the landlord has conveyed to another, or that his title has been sold on execution, and in that manner passed into other hands. The tenant may purchase of the landlord, and in that case he is not bound to restore possession. The same principle applies to a stranger succeeding to the tenant’s possession.</p> <p>4. Ejectment — defendant may acquire plaintiff’s title after suit, and defeat a recovery. While a defendant in ejectment, who has invaded the plaintiff’s possession and ousted his tenants, may not have the right to defend by showing an outstanding title, he has the undoubted right to prove that the plaintiff’s title has expired, or that he has purchased the plaintiff’s title after the action was commenced.</p> <p>5. Where a person having no title leased a tract of land to certain squatters in possession, after which he accepted a lease from a third person claiming the land, and the tenants on the land were dispossessed by an intruder without claim of title, and their landlord brought ejectment against the intruder, who, after suit brought, procured a conveyance of the title and estate of the plaintiff’s landlord: Held, that the defendant had the right to show such conveyanc