Murphy v. Williamson

Citations

• 85 Ill. 149

Syllabus

<p>1. Ejectment—practice—proof of possession. The statute of 1873, providing that it shall not be necessary, in actions of ejectment, for the plaintiff to prove the defendant’s possession, etc., unless his possession, etc., is denied by special plea verified by affidavit, applies to actions brought before its passage, as well as those after, it relating to the remedy or practice only.</p> <p>3. Same—notice to quit, when necesswry. Where the relation of landlord and tenant exists, and the tenant has long been in possession with the owner’s consent, it may not be wrongful until demand of possession has been made; but a different rule prevails where the entry was unlawful. In such case no notice to quit is necessary before bringing ejectment,</p> <p>3. ¡Evidence—attacking judicial proceedings collaterally. If the court has jurisdiction of the subject matter and of the parties, in a proceeding for partition, the decree and partition can not be attacked collaterally for mere errors.</p> <p>4. Acknowledgment oe deed—by married woman. The deed of a married woman, executed and acknowledged in 1862, where the certificate of acknowledgment fails to state that she was personally known to the officer as the real person whose name was signed, etc., is void, the certificate being fatally defective.</p>