McWilliams v. Morgan

Citations

• 75 Ill. 473

Syllabus

<p>1. Trespass quake clausum fregit. The doctrine that in trespass quare clausum fregit the plaintiff can recover only for the first entry, and nothing for the use of the premises until there first be a re-entry by the plaintiff, has no application for the invasion of a constructive possession which the holder of the legal title has, though out of the actual possession, as there can be no re-entry when the owner has never first entered.</p> <p>2. But if a re-entry were required, in such a case the subsequent abandonment of the premises by the defendant will be considered a constructive re-entry by the holder of the legal title.</p> <p>3. Same — measure of damages. Where a defendant enters without authority upon the constructive possession of the plaintiff, and uses the premises, the worth of the use of the property while the trespass is continued, will be the proper measure of damages.</p>