Lowe v. Emerson

Citations

• 48 Ill. 160

Syllabus

<p>1. Landlord and tenant—ejectment against the latter. A judgment in ejectment against a tenant, of which the landlord has had no notice, is in no wise conclusive upon the latter.</p> <p>2. The statute requires that whenever a tenant is sued in ejectment, he shall notify his landlord of such suit, and if he fails in the performance of this duty, and a judgment is rendered against him, in favor of a third person, he will hot be permitted either to attorn to such person, or purchase his title, and set it up against his landlord..</p> <p>3. Same—when, landlord fails to defend possession of tenant afta' notice. But if the landlord, after notice of such suit against his tenant, fails to protect him in his possession, the tenant may then protect himself, by purchasing the paramount title, or by taking a lease under it.</p> <p>4. Same—tenant cannot attorn to—or purchase a stranger’s title. Although a tenant may attorn to a purchaser of his landlord’s title, or purchase it himself, if sold under judgment and execution, yet he cannot attorn to a stranger, or purchase and set up his title against his landlord, although it may be the paramount title.</p> <p>6. Same—possession must be surrendered by tenant—before he can assert title acquired from a stranger. In such case, when the tenant has acquired title from a stranger, he must restore to his landlord the possession he received from him, before he can assert such title against him.</p>