Sexton v. Carley

Citations

• 147 Ill. 269
• 35 N.E. 471

Syllabus

<p>1. Ejectment—by a lessee out of possession against his tenant and •another colluding. If it be conceded that, as a matter of law, generally, ■a lessee for a term of years can not maintain ejectment without showing a compliance with the terms of the lease under which he claims, yet if he has been ousted from his possession of the premises through the ■collusion of his tenant with the defendant he may maintain the action, and the question whether the plaintiff has complied with the terms of his lease under which he holds, is one which the defendant can not raise.</p> <p>2. Landlord and tenant—tenant estopped to deny landlord’s title. A tenant is estopped from denying the title of his landlord, and his possession is subservient to the title of the landlord, and he will not be permitted to betray the possession with which he was intrusted.</p> <p>3. The tenant can not set up a better title in himself or in a third person. He can do no act which may defeat or endanger the title of his landlord. He must surrender up the possession before he can assail or question the title, and put the landlord in the position he occupied when he parted with the possession. And the same principle applies to those acquiring the possession from a tenant. The relation of landlord and tenant attaches to all who succeed to the possession through or from the tenant, and they will have no greater right than the party from whom they recover possession.</p> <p>- 4. Practice—sufficiency of propositions of law. This court can not pass upon propositions submitted to the trial court when they raise only questions of fact or mixed questions of law and fact, or where they do not separate the question of law sought to be raised, from the facts, nor state it on a hypothetical case.</p>