Smith v. Hoag
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. John S. Thompson, Judge, presiding. This was an action of forcible entry and detainer originally brought by John B. Hoag, the appellee, against John C. Smith, the appellant, before a justice of the peace, and taken to the Circuit Court of Mercer county by appeal. The defendant was found guilty as charged in the complaint. A motion for a new trial was overruled, and judgment rendered upon the verdict.
1Opinion of the CourtJustice Walker
It is insisted, that in this case the entry was not forcible, because Scott, the landlord of appellant, was the owner, and had the right to enter; that the owner may use all necessary force to make an entry, unless he commits a breach of the peace. Even if the proposition were true, it does not appear that he owned the fee. It only appears that he held a deed for the land, and, at most, traces title back to Ketehum. Whether he held title or not does not appear, nor could it be proved in this form of action for the purpose of procuring a recovery, although deeds may read in evidence for the…
2Cases cited2 opinions
- Brooks v. BruynIllinois Supreme Court · 1857
- Croff v. BallingerIllinois Supreme Court · 1856
3Cited by8 opinions
- Phelps v. RandolphIllinois Supreme Court · 1893
- Ragor v. McKayAppellate Court of Illinois · 1892
- Hannigan v. MosslerAppellate Court of Illinois · 1892
- Cox v. EckstromAppellate Court of Illinois · 1908
- Knight v. KnightAppellate Court of Illinois · 1878
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