Stillman v. Palis

Citations

• 134 Ill. 532
• 25 N.E. 786

Syllabus

<p>1. Forcible entry and detainer—a possessory action only—title not involved. The title to land can not be determined in the statutory proceeding of forcible entry and detainer.</p> <p>2. So in such action it is not improper for the court, by instruction, to tell the jury that the title to the property is not involved, and that the material question for their determination is the right to the possession.</p> <p>3. Same—demand before suit. Where a party makes an illegal and forcible entry upon land in the possession of another, no notice or demand for possession by the latter, before bringing forcible entry and detainer, is necessary.</p> <p>4. Same—description of the premises. The description of land in a complaint in an action of forcible entry and detainer, from which the land is susceptible of being easily and definitely located by a surveyor, is sufficiently definite and certain.</p> <p>5. . Same—motion to dismiss—too late after trial commenced. A motion in a forcible entry and detainer suit to quash the complaint and dismiss the cause, for the reason that the description of the premises is insufficient and uncertain, and for want of a demand, comes too late after the jury is impaneled and sworn and the trial commenced.</p>