Oetgen v. Ross

Citations

• 54 Ill. 79

Syllabus

<p>1. Judgment in ejectment—of its conclusiveness. While it is true that a verdict and judgment in favor of the defendant in ejectment may not in all cases be a bar to a future action by the plaintiff, even under our statute, since such verdict and judgment may not have been rendered upon the title, but merely because the defendant was not in possession at the- commencement of the suit, yet where the title is adjudicated, such judgment is as conclusive, as to the title established, between parties and privies, as would be the judgment in a personal action, even though the court finds the facts, a 'jury having been waived.</p> <p>2. Ejectment—outstanding title. In an action of ejectment where the defendant deduces title through a decree authorizing the administrator of a former owner to sell the premises, the question as to the validity of the decree and the sale 'under it can not arise, because, even if the decree were void, it would leave the paramount title outstanding in the heirs of the intestate, who alone could dispossess the defendant.</p> <p>3. And in such case it is competent for the defendant to prove possession and payment of taxes by those under wlicm he claims, for seven successive years, even though the sale at which he purchased was void, for such proof, if met by no countervailing evidence, would, at least, show a paramount title in the heirs of the intestate, and possession taken under such title, and that would defeat the plaintiff’s action, he not being in privity with the heirs or with the estate.</p> <p>4 Ejectment against a tenant—death of the landlord—purchaser at administrator's sale. Where an action of ejectment was brought against a tenant in possession, whose landlord was dead, and the administrator of deceased had notice of the pendency of the suit, it was held, that if the administrator could be regarded as ever having been the landlord of such tenant, he ceased to be so after the sale of the premises by him as administrator, and notice