Kepley v. Luke

Citations

• 106 Ill. 395
• 1883 Ill. LEXIS 183

Syllabus

<p>1. Forcible entry and detainee—title not involved. In the action of forcible entry and detainer, or forcible detainer, the title to the land can not be inquired into for any purpose. The question of title is immaterial. The right to possession is all that is involved or can be determined. Nor is the rule in this regard changed under the statute extending the remedy hy forcible detainer in favor of a purchaser of land at an execution sale, where the possession is withheld from him by the execution debtor.</p> <p>2. Appeal—in forcible detainer—no freehold involved. .As a freehold is not involved in an action of forcible detainer, a writ of error does not lie from this court to the trial court to review the proceedings. • Such writ should emanate from the Appellate Court.</p>