Legal Opinion

Illinois Central Railroad v. Baltimore & Ohio & Chicago Railroad

Appellate Court of Illinois

Decided July 13, 1887PublishedCited by 7 opinions

Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding. An action of forcible entry and detainer was commenced by the appellant against the appellee, to recover possession of certain ground known as freight station grounds and particularly described in the coinplaint. On a trial before the court without a jury the finding and judgment was for appellee, and such judgment is brought to this court for review.

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Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding. An action of forcible entry and detainer was commenced by the appellant against the appellee, to recover possession of certain ground known as freight station grounds and particularly described in the coinplaint. On a trial before the court without a jury the finding and judgment was for appellee, and such judgment is brought to this court for review. It appears, from the record, that in 1874, appellee, being desirous of obtaining entry for its trains into Chicago, and freight and passenger accommodations in…

1Opinion of the CourtMoran, J.

The first term of five years mentioned in the lease under which appellee went into possession of the freight station grounds here in controversy having expired, appellee was holding over under circumstances that created a tenancy from year to year and appellant is entitled to recover possession, unless by a compliance with the terms of the lease, and of the contract of the same date between the parties, to which the lease refers, appellee has earned the right to continue in possession until such time as appellant shall deliver possession of other freight station grounds to be held in…

2Cases cited3 opinions

  1. St. Louis National Stock Yards v. Wiggins Ferry Co.Illinois Supreme Court · 1882
  2. Loach v. FarnumIllinois Supreme Court · 1878
  3. Hume Bros. v. MossIllinois Supreme Court · 1872

3Cited by7 opinions

  1. Gilbert v. CoonsAppellate Court of Illinois · 1890
  2. Hawkins v. HardingAppellate Court of Illinois · 1891
  3. McKinney v. Charles Mulvey Manufacturing Co.Appellate Court of Illinois · 1910
  4. Cooney v. MurrayAppellate Court of Illinois · 1892
  5. Wein v. Albany Park Motor Sales Co.Appellate Court of Illinois · 1941

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