Haslett v. Crain

Citations

• 85 Ill. 129

Syllabus

<p>1. Ejectment—commissioners to value improvements, etc. Where the court, rendering judgment for the plaintiff, in an action of ejectment, at the same time sustains a motion for the appointment of commissioners to value improvements, etc., under the statute, it will be presumed, until the contrary is made to appear, that the defendant’s title was such as to authorize the appointment,—it need not appear affirmatively that the defendant had such a title.</p> <p>2. Same—report of commissioners not conclusive. The report of commissioners appointed by the court, after judgment in ejectment, to estimate the value of the defendant’s improvements, is not final, but is liable to be excepted to for any erroneous allowance. If erroneous, the court should quash the report on motion.</p> <p>3. Same—improvements allowable. The defendant in ejectment, on judgment of eviction, is not entitled to be reimbursed for improvements made by him after suit brought, though made under a contract previously made.</p>