Murray v. Haverty

Citations

• 70 Ill. 318

Syllabus

<p>1. Variance—between proof and plea of license. In trespass by several tenants in common of land, a plea that the defendants entered, etc., under the license of the plaintiffs, is not sustained by proof of a license from but one of the tenants in common.</p> <p>2. Tenants in common—powr of one to convey, etc. Tenants iril common are seized of each and every part of the estate, but it is not in the power of one to convey the whole of the estate, or the whole of a distinct portion, or to give a valid release for injuries done thereto, or to give a license to 'do any act which will work a permanent injury to the inheritance, or lessen the value of the estate.</p> <p>3. Error will not always reverse. Although there may be trivial errors in some of the instructions given, a verdict will not be set aside which manifestly does justice between the parties.</p>