Huftalin v. Misner

Citations

• 70 Ill. 205

Syllabus

<p>1. Evidence—proof of service of demand. In a forcible entry and detainer suit, the plaintiff testified that he served the demand for possession of the premises on the defendant.on a given day, which was the same day the suit was brought: Reid, that the proof was sufficient to sustain a finding of service before the suit was brought, if any demand was necessary.</p> <p>2. Forcible entry and detainer—how long before suit, must demand be made. The statute relating to forcible entry and detainer, and which requires a demand in writing for possession, does not require the demand to be made a reasonable time, or any definite time, before the commencement of suit.</p> <p>3. Same—proof of possession. Where the owner of premises had leased them for one year, and, at the expiration of the term, went to the farm and carried there a load of goods, and the tenant carried them up stairs into a room, and stated that he rendered up possession, and the landlord performed some acts preparatory to occupying the house, and left with the intention of returning on the following Monday, and had a deed for the whole premises, it was held, that this showed a sufficient possession of the premises to enable the landlord to maintain forcible entry and detainer against one taking forcible possession before his return.</p> <p>4. Same—evidence to show extent of possession. Where actual possession of a part of premises is shown to be in the plaintiff, in an action of forcible entry and detainer, the plaintiff’s deed for the premises is proper evidence for the purpose of showing the extent of his possession.</p> <p>5. Same—titlenot involved. The owner of land is liable in forcible entry and detainer, if he makes a forcible entry upon the actual possession of the plaintiff. Therefore it is not error to refuse to allow the defendant to prove a mortgage of the premises, and that he entered under the mortgagee.</p> <p>6. Non-joinder of parties—advantage of, how taken. If a married woman sues alone,