Lehman v. Whittington
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John Gr. Bogebs, Judge, presiding. This was an action of forcible detainer, brought by appellee before a justice of the peace against appellant Lehman and Ernst Eagle, to recover the possession of certain premises of which Lehman was in possession by Eagle as his tenant. The case was taken by appeal to the circuit court, where a trial was had, resulting in a judgment for the plaintiff.
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Appeal from the Circuit Court of Cook county; the Hon. John Gr. Bogebs, Judge, presiding. This was an action of forcible detainer, brought by appellee before a justice of the peace against appellant Lehman and Ernst Eagle, to recover the possession of certain premises of which Lehman was in possession by Eagle as his tenant. The case was taken by appeal to the circuit court, where a trial was had, resulting in a judgment for the plaintiff. Lehman brings the case to this court for review. It appears from the bill of exceptions that appellee purchased the premises in question at a trustees…
1Opinion of the CourtWilson, J.
Two grounds are urged by appellant for the reversal of the judgment: First, that there was no proof of service of the notice and demand for the possession of the premises in question; Second, that appellee failed to show that appellant was in possession of, or claimed any right to the premises through Cook, the grantor in the trust deed. .Both grounds we think are well taken. The theory of appellee’s case was that appellant, Lehman, was by his tenant, Pagle, in possession of the premises, under Cook, and that appellee, having purchased the same at a sale made by Grant as trustee, and obtained…
2Cases cited2 opinions
- Hayes v. LawyerIllinois Supreme Court · 1876
- Seem v. McLeesIllinois Supreme Court · 1860
3Cited by3 opinions
- Benjamin v. AllisonAppellate Court of Illinois · 1915
- Carter v. ReynoldsAppellate Court of Illinois · 1903
- Hooper v. BuvidasAppellate Court of Illinois · 1926