Breher v. Reese
Appellate Court of Illinois
Appeal from the Circuit Court of Will county; the Hon. C. P. G-aknsey, Judge, presiding. This was a suit commenced by appellee against appellant, before a justice of the peace, on March 25, 1884, in an action of forcible detainer, to recover the possession of a cert tin farm described in the complaint.
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Appeal from the Circuit Court of Will county; the Hon. C. P. G-aknsey, Judge, presiding. This was a suit commenced by appellee against appellant, before a justice of the peace, on March 25, 1884, in an action of forcible detainer, to recover the possession of a cert tin farm described in the complaint. The trial before the justice resulted in favor of the appellant, and the cause was by appellee appealed to the county court, where the cause was again tried by the court and a jury, and resulted in a verdict of guilty against the appellant. After motion for new trial by appellant was overruled,…
1Opinion of the CourtLacey, P. J.
The only question in the case is, did the court err in rejecting the evidence offered.
As to the first evidence offered, that the appellant went into possession under a verbal contract for purchase or gift of the land, we think that it was properly rejected; for without stopping to inquire whether such a verbal agreement could be set up, in an action of law, to defeat recovery as against our statute of frauds and perjuries, we are clearly of the opinion that the acceptance of the lease by the appellant from her father would estop her from afterward setting up the original agreement, and the…
2Cases cited1 opinion
- Chapman v. McGrewIllinois Supreme Court · 1858
3Cited by5 opinions
- Gilbert v. CoonsAppellate Court of Illinois · 1890
- Cooney v. MurrayAppellate Court of Illinois · 1892
- Lewis v. FishAppellate Court of Illinois · 1891
- Sauber v. CollinsAppellate Court of Illinois · 1891
- Feeley v. ThewlisAppellate Court of Illinois · 1888