Stubbings v. Village of Evanston

Citations

• 136 Ill. 37
• 11 L.R.A. 839

Syllabus

<p>1. Landlord and tenant—eviction of tenant—under paramount title —effect upon liability to pay rent. The eviction of a lessee from the demised premises under a paramount title will discharge him from the payment of any rent which may fall due, by the terms and conditions of the lease, after such eviction.</p> <p>2. Same—taking land for public use—not an eviction—as affecting the payment of rent. A tenant, when a part of the leased premises is taken under the power of eminent domain for the use of the public, can not, as against his landlord, claim an eviction, and be released from the payment of rent.</p> <p>3. As the tenant’s liability for the payment of rent continues after a part of his term has been taken by the exercise of the right of eminent domain, and appropriated to the public use, he will be entitled to recover such damages as he sustains by the taking of his leased property by the public.'</p> <p>4. The lessee takes and holds his term in the same manner as any other owner of real property holds his title, subject to the right of the public to take a part or the whole of it for public use, at such time as the public necessity may require, upon the payment of just compensation.</p> <p>5. Same—insolvency of tenant—remedy of landlord to intercept damages awarded to the tenant—under Eminent Domain act. If the landlord’s remedy to collect his rents will be impaired or defeated on account of the insolvency of the tenant, or otherwise, a court of equity may interfere to prevent the payment of the damages recovered in a proceeding for condemnation under the Eminent Domain act, into the hands of the tenant, and appropriate so much of the fund as may be necessary to the payment of the rents due or to become due, to the landlord, during the time the lease has to run.</p> <p>6. New trial—as to a part of several defendants—in a condemnation proceeding. In a proceeding to condemn land for public use, in which the owner of the property and his lessee are made parties