Phelps v. Randolph

Citations

• 147 Ill. 335
• 35 N.E. 243
• 1893 Ill. LEXIS 960

Syllabus

<p>1. Forcible entry and detainer—Hile not involved. In an action of forcible entry and detainer the question of the title to the premises is not involved, and can not be shown, or considered by the jury.</p> <p>2. No one, not even the owner, has the right to forcibly take real estate from the possession of another, no matter how justly he may be entitled to it; and if the owner takes such possession against the will of the person in possession, he will be liable in an action of forcible entry and detainer, even though no violence is employed, and even though the occupant’s possession may be unlawful.</p> <p>3. If a tenant wrongfully holds over after the expiration of his term, and refuses to surrender the leased premises, the landlord’s remedy is by action of forcible detainer or ejectment. But if the landlord, during the temporary absence of the tenant, enters and removes the tenant’s stock and other property therefrom, and excludes the tenant, the latter may be restored to his possession by the action of forcible entry and detainer.</p> <p>4. Same—what constitutes—entry by violence or breach of the peace not necessary. Forcible entry does not necessarily mean the taking of real estate from the possession of another by a breach of the peace. The taking of such property by opening a gate and removing cattle or other stock therefrom, against the will of the one occupying such property, is a forcible entry under the law.</p>