Roosevelt v. Hungate

Citations

• 110 Ill. 595

Syllabus

<p>1. Ejectment—evidence showing prima facie case for plaintiff. On the trial of an action of ejectment, the plaintiff showed, by affidavit, that a certain person was the common source of each party’s title, and then introduced in evidence a deed of conveyance from the person so shown to be the common source of title, and rested: Held, that this proof made out a prima facie case for the plaintiff, and entitled him to recover unless a good defence was shown.</p> <p>2. Same—special pleas held improper. In ejectment the defendant pleaded two special pleas: First, that the defendant held possession from the plaintiff as a tenant from year to year, which tenancy had not been terminated by sixty days’ notice prior to the end of the year; and second, that the defendant held the lands by virtue of a written lease from the plaintiff, from March 1,1883, to March 1,1884,—the suit having been brought prior to the latter day: Held, that these pleas were wholly improper, as every matter of defence in them was admissible under the general issue, which was also pleaded.</p> <p>3. Landlord and tenant—tenancy from year to year—notice to terminate. The owner of land, before bringing his action of ejectment to recover possession, is not bound to give the defendant notice to terminate his tenancy from year to year, unless such defendant holds as the tenant of the plaintiff, or as the tenant of his grantor.</p> <p>4. Same—tenancy from year to year terminated by taking new lease. If a tenant from year to year accepts a new lease for a definite period, the prior tenancy is terminated, and no notice is necessary to terminate the new tenancy, prior to the end of the term.</p> <p>5. Same—owner not bound by lease of a stranger. Before a written lease can be set up by the defendant to defeat an action of ejectment brought by the owner of the land, it must appear that the plaintiff, or his grantor, executed the same, or that the person executing the same was the authorized agent of the plaintiff