Austin v. Rust
Illinois Supreme Court
APPEAL from the Superior Court of Cook county; the Ron. JOSEPH E. GA1vY, Judge, presiding. This was an action of trespass, brought by the appellee against the appellants, for breaking and entering the plaintiff's premises and interfering with Ins possession, and tearing down his house erected thereon, etc.
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APPEAL from the Superior Court of Cook county; the Ron. JOSEPH E. GA1vY, Judge, presiding. This was an action of trespass, brought by the appellee against the appellants, for breaking and entering the plaintiff's premises and interfering with Ins possession, and tearing down his house erected thereon, etc. A trial was had under the general issue, with a stipulation that all special matters of defense might be shown without special pleas, resulting in a verdict and judgment in favor of the plaintiff, for ~125.
1Opinion of the CourtJustice Scott
delivered tlie opinion of the Court:
This was an action of trespass to real property. The title is not • involved in the controversy. It is not claimed that either party exhibited title to the land. ■ Appellee offered to prove title in the heirs of Mary A. Hubbard, under whom he held as a nominal tenant, to which appellants objected, and the court rejected the evidence on the statement made by appellants they did not claim to have proved title to the land by any evidence offered.
Appellants claim they had the prior possession, and appellee having invaded it, they simply removed the improvements…
2Cases cited2 opinions
- McLean v. FardenIllinois Supreme Court · 1871
- Winkler v. MeisterIllinois Supreme Court · 1866
3Cited by2 opinions
- Fisher v. BennehoffIllinois Supreme Court · 1887
- Goodman v. NicholsSupreme Court of Kansas · 1890