Lesher v. Sherwin

Citations

• 86 Ill. 420

Syllabus

<p>1. Forcibie detainer —proof of defendants possession. Where the vendor of real property brings forcible detainer against the purchaser to recover possession for non-compliance with the contract of sale, it will be sufficient to show that the defendant at the time the suit was brought was in possession by himself, or by others holding under him.</p> <p>2. Same •—possession by another after suit. Possession of a part of premises sought to be recovered in forcible detainer, taken after suit brought, by a railway company on a proceeding to condemn for right of way, can not in any manner affect the plaintiff’s rights, nor will the fact that the company, before suit, made a survey across the premises, as this constitutes no possession.</p> <p>3. Same —purchaser, when estopped from denying plaintiff’s right to possession. Where a defendant enters into possession of real estate under a contract of purchase, and fails to comply with such contract, he will be estopped from denying his vendor’s right to possession in forcible detainer, and the plaintiff need not prove any prior possession in himself.</p> <p>4. Same — evidence to show failure to comply with purchase. In forcible detainer by the vendor of land against his vendee to recover possession, there is no error in the admission in evidence, on the part of the plaintiff, of the written agreement to sell, and of a tender of a deed under the contract, to show that defendant had failed to comply with his agreement.</p>