Wilburn v. Haines

Citations

• 53 Ill. 207

Syllabus

<p>1. Fobcible detainee—against a purchaser in possession. Under the act of twentieth February, 1861, amendatory of chapter forty-three, of the revised statutes of 1845, the vendor of laud may maintain an action of forcible detainer against the vendee, where the latter has entered into possession of the premises under a contract of purchase, but before obtaining a deed of conveyance to the same, and fails or refuses to comply with the terms of the contract.</p> <p>2. Nor is it necessary for the vendor to put the vendee in statu quo before he can resort to the remedy, the proceedings, not amounting to a rescission of the contract, and the vendee can as well enforce the contract when out of possession, as when in, and if there are any equitable circumstances in his favor to influence the judgment of a court of chancery, he may obtain a decree for a specific performance.</p> <p>3. A sold to B a tract of land, for the sum of two thousand four hundred dollars, of which five hundred dollars was paid in hand, B. executing two notes for the balance, of nine hundred and fifty dollars each, due in one and two years, with interest, A giving his bond, conditioned that if B should pay the notes and interest, according to their tenor and effect, he would execute a deed to the land. Under this contract, B went into possession: Held, upon failure and refusal by B to pay the first note, and interest when due, and upon demand being made by A for possession of the premises, A could maintain his action of forcible detainer.</p>