Page v. Davidson
Illinois Supreme Court
This was an action of trespass on the case commenced on 4th March, 1857, by the appellee against the appellant in the Circuit Court of Warren county. The case was tried by a jury before Thompson, Judge. Judgment was rendered for the appellee for the sum of $84.50 and costs. The appellant brings the case to this court by appeal.
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This was an action of trespass on the case commenced on 4th March, 1857, by the appellee against the appellant in the Circuit Court of Warren county. The case was tried by a jury before Thompson, Judge. Judgment was rendered for the appellee for the sum of $84.50 and costs. The appellant brings the case to this court by appeal. The declaration in the first six counts set out that the appellant was the tenant of the appellee, by virtue of a certain lease, which is set out hcec verba in the 4th count, as follows : “ Articles of agreement made and entered into on this seventh day of July,…
1Opinion of the CourtCaton, C. J.
The first six counts in this declaration are in case for cutting down and carrying away trees, and for pulling down buildings, by a tenant, to the injury of the inheritance ; and the seventh count is in trover for converting the trees and the material of the building. The defendant offered to prove that the only right or title the plaintiff had to the premises was that of an executor of the will of Ragland, with a power to lease the premises till the time when this lease would expire, and then to divide or sell the premises and distribute the proceeds as directed by the will. This defense the…
2Cited by1 opinion
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