Thomsen v. McCormick

Citations

• 136 Ill. 135
• 26 N.E. 373

Syllabus

<p>1. Ejectment—party defendant—tenant in possession—duty of tenant to notify landlord. An action of ejectment is properly brought against the party in the actual occupancy of the premises, and when such occupant is a tenant, it is his duty, both by the common law and under the statute, to notify his landlord of the institution of the suit.</p> <p>2. Same—judgment against a tenant-—whether conclusive on the landlord. A judgment in ejectment against a tenant in possession is conclusive upon the landlord, if the latter interposed in aid of the tenant in the defense, or if the landlord had notice of the pendency of the suit, and full opportunity of making a defense thereto.</p> <p>3. Injunction—dissolution—what will be considered a dissolution of an injunction—without a formal order. On bill for the partition of land a temporary injunction was granted, restraining a party from the prosecution of an action of ejectment against a tenant of the complainant and one of the defendants. Judgment was taken in the ejectment suit without a formal order dissolving the injunction, but it appeared that a demurrer had been sustained to that part of the bill which sought to enjoin the prosecution of the ejectment suit, and that no leave was-asked or given to amend the bill: Held, that the action of the court dismissing out of the case all charges in the bill upon which the injunction issued, was, in substance, a dissolution of the injunction.</p> <p>4. Contest of title—on bill for partition—refunding taxes. The rule, on a bill to set aside a tax deed as a cloud on title, requiring the complainant to refund the taxes as a condition to the relief sought, has no application to a bill for the partition of land, when the complainant and one of the defendants claim as tenants in common under a tax deed, in which the holder of the adverse title is also made a defendant, and the latter pleads a recovery in an action of ejectment, which is conclusive against the title of the other parties to