McCartney v. McMullen

Citations

• 38 Ill. 237

Syllabus

<p>1. Forcible entry and detainer—possession required. In an action of forcible entry and detainer the plaintiff, to recover, must show that he had the actual possession of the premises ; a mere construction entry such as the fee simple title draws to it, is not sufficient.</p> <p>2. Acts which indicate an assertion of ownership, do not constitute a possession that will support an action of forcible entry and detainer.</p> <p>3. Same—title not involved. The action of forcible entry and detainer docs not involve the trial of title.</p> <p>' 4. Same —possession and entry, only, involved,. Payment of taxes, nor ownership of the premises, tend to prove any issue in this action ; the whole question being one of actual possession and a forcible entry.</p> <p>5. Instructions. An instruction which selects one or two of the facts in a case, insufficient to sustain a verdict, is objectionable. The jury should consider all the evidence, without having their attention specially called to portions of it.</p> <p>6. It is not error for a court to refuse an instruction which repeats legal principles before announced.</p>