Haskins v. Haskins

Citations

• 67 Ill. 446

Syllabus

<p>1. Instructions—exception must be to objectionable part where charge is orally upon the whole case. Where parties agree to waive instructions in writing and consent to an oral charge upon the whole case, the party excepting should point out specifically the portion of the charge excepted to. A general exception to the whole charge will not answer.</p> <p>2. Trespass—a forcible eviction can not be justified under a plea of liberum tenementum. Under the decisions in this State, a defense under the plea of liberum tenementum can not be sustained in justification of a forcible eviction of one in the actual, peaceable possession of real estate.</p> <p>3. Forcible detainer—as between vendor and vendee. In order to give a justice of the peace jurisdiction of an action of forcible detainer as between the vendor and vendee of land under the act of 1861, the following elements must be shown by the complaint: 1. The relation of vendor and vendee must exist. 2. The vendee must have obtained possession of the land under the contract. 3. And then it is not sufficient that the vendee has at any time failed to comply with his contract, but he must have failed or refused to comply with it, before obtaining a deed of conveyance. If either of these elements is wanting, the justice acquires no jurisdiction.</p> <p>4. A judgment was rendered for the possession of land in forcible detainer under a complaint, in substance, as follows: That the defendant, on, etc., came into the possession of the following described premises under a contract of purchase from affiant, to-wit: a part of the southwest quarter of the southeast quarter in section one, etc., and that the said defendant has failed to comply with his said contract of purchase, and still holds possession wilfully and without force, etc: Held, that the complaint was not sufficient to confer jurisdiction, and also that the description of the land as a part of a tract was void for uncertainty.</p> <p>5. A complaint which fails to s