Williams v. Forbes

Citations

• 47 Ill. 148

Syllabus

<p>1. Purchaser—of land—of the right of possession under contract of conveyance. A purchaser of real estate, who does not receive a deed, but simply a contract for conveyance at a future day, is not entitled to the possession of the lands thus purchased.</p> <p>2. As a general rule, the owner of the fee is entitled to the possession, as against all persons not in under some valid agreement from him. And not only so, but where vacant and unoccupied, the fee draws to it, in contemplation of law, the possession. The mere fact, that a person enters into a contract for the purchase of land, does not entitle him to enter upon and hold it.</p> <p>3. The purchaser may acquire that right by the terms of the agreement or otherwise; but in the absence of some agreement to enter, his possession in such case would be unauthorized, and the vendor might recover possession in an action of ejectment.</p> <p>4. Rescission oe contracts—of the election of remedies—their effect. Where a vendor of land reserves in his contract the right to rescind the same, at hi? own option, upon a failure of his vendee to pay the notes given for the purchase price, at maturity, and elects to sue upon the notes to recover the purchase money, while such action might bar an action of ejectment subsequently brought against his vendee, the bringing of such action of ejectment cannot operate to bar the action of assumpsit previously instituted to recover the purchase money.</p>