Herrell v. Sizeland

Citations

• 81 Ill. 457

Syllabus

<p>1. Ejectment—notice to quit. Where there is a tenancy from year to year, an action of ejectment by the landlord against the tenant can not be maintained unless the tenant has had sixty dajrs’ notice to quit.</p> <p>2. Tenancy—whether from, year to year or at will. The reservation of an annual rent is the leading circumstance that turns leases for uncertain terms into leases from year to year. If the tenant be placed on the land without any terms prescribed or rent reserved, and as a mere occupier, he is strictly a tenant at will.</p> <p>3. Where parties move into the house of another, and reside with him, and take care of him until he dies, but neither pay rent nor agree to pay rent, and it does not appear that any term was agreed upon, they arc not tenants from year to year, and entitled to notice to quit, but are mere tenants at the will of the owner, and a demand of possession swill terminate the tenancy.</p> <p>4. Notice to quit—not necessary where tenant repudiates tenancy. A notice to quit is not necessary unless the relation of landlord and tenant exists, and where a defendant in ejectment repudiates a tenancy and claims title in fee, he dispenses with the necessity of a notice to quit.</p> <p>o. Legal title—will prevail in ejectment over equitable title. Where the plaintiff in ejectment shows a legal title, he is entitled to recover as against any mere equitable title in the defendant.</p>