Powell v. Daily
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County-Court of Peoria county; the Hon. Robert H. Lovett, Judge, presiding. James H. Turpin and Samuel Turpin leased from appellant a certain store room in Peoria for five years from September 15, 1891, at a yearly rental of §1900, payable in monthly installments.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County-Court of Peoria county; the Hon. Robert H. Lovett, Judge, presiding. James H. Turpin and Samuel Turpin leased from appellant a certain store room in Peoria for five years from September 15, 1891, at a yearly rental of §1900, payable in monthly installments. Among other provisions in the lease it was agreed by the parties thereto that if the rent, or any part of it, should be behind or unpaid on the day whereon the same ought to be paid, it should be lawful for the lessor, at his discretion,…
1Opinion of the CourtJustice Baker
Appellant claims that by virtue of the provision in his lease he has a lien upon the property in the hands of the assignee. The lien sought to be given by the lease is upon property that was owned by the lessees at the time of the execution thereof. There is, however, no evidence that any portion of the property held by the assignee was owned by the lessees at the date of the lease. The burden of proving this fact was upon appellant, and in the absence of such proof it will be assumed, as against him, that the property in dispute is all after-acquired property. But the "terms of the lease are…
2Cases cited6 opinions
- Borden v. CroakIllinois Supreme Court · 1889
- Recht v. KellyIllinois Supreme Court · 1876
- Chicago, Milwaukee & St. Paul Railway Co. v. HockIllinois Supreme Court · 1886
- A. N. Kellogg Newspaper Co. v. PetersonIllinois Supreme Court · 1896
- Herron v. GillIllinois Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Zachmann v. ZachmannIllinois Supreme Court · 1903
- Campbell v. KaczmarekAppellate Court of Illinois · 1976
- Cottrell v. GersonAppellate Court of Illinois · 1938
- Chames v. DeMayoSupreme Court of Florida · 2007
- First State Bank v. De Kalb BankAppellate Court of Illinois · 1988
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