Casselberry v. Forquer
Illinois Supreme Court
On the 24th of May, 1854, Casselberry leased from William Forquer certain land in St. Clair county, for three years, for $150 a year, one-half payable semi-annually on the 25th of December and March ensuing.
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On the 24th of May, 1854, Casselberry leased from William Forquer certain land in St. Clair county, for three years, for $150 a year, one-half payable semi-annually on the 25th of December and March ensuing. On the 3rd day of June, 1857, Susannah Forquer brought two suits on said lease, for $75 each, before the same justice of the peace, and filed her accounts, one for rent from 1st of March to 25th December, 1856, the other for rent from 25th December, 1856, to 1st March, 1857. On the 13th of June, 1857, judgments were rendered in each case for $75, and costs, against Casselberry, from which…
1Opinion of the CourtBreese, J.
There is really but one question presented by this record, and that is, the right to sue separately for each of the claims after two of them had become due and payable. The question about the lease, and the rights of these parties under it, cannot be considered, for the court, in the partition case in chancery, the proceedings in which are made part of this case, never had any jurisdiction over the leasehold interest of Susannah Forquer to sell it, and the sale of it was therefore void.
When the several payments reserved by the lease were due, suit could be brought on each payment…
2Cited by8 opinions
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- McDole v. McDoleIllinois Supreme Court · 1883
- Nickerson v. RockwellIllinois Supreme Court · 1878
- Jex v. JacobNew York Supreme Court · 1879
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