Hoffman v. Reichert
Illinois Supreme Court
Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court-of St. Clair county; the Hon. W. H. Snyder, Judge, presiding. This was an action of forcible entry and detainer, brought by plaintiff on the fifth day of December, 1887, before a justice of the peace, for the recovery of a certain coal mine, with the machinery and appurtenances thereof, known as the mine of the Freeburg Coal Company.
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Writ of Error to the Appellate Court for the Fourth District ;—heard in that court on appeal from the Circuit Court-of St. Clair county; the Hon. W. H. Snyder, Judge, presiding. This was an action of forcible entry and detainer, brought by plaintiff on the fifth day of December, 1887, before a justice of the peace, for the recovery of a certain coal mine, with the machinery and appurtenances thereof, known as the mine of the Freeburg Coal Company. On a trial before the justice the plaintiff was defeated, and on appeal to the circuit court a trial before a jury resulted the same way. The…
1Opinion of the Court
Hr. Justice Craig
delivered the opinion of the Court;
We think it is a plain proposition, and one, too, which will ■not be controverted, that if Hoffman was in the bona fide, .peaceable possession of the coal mine in his own right, and while so in possession the defendant approached the employes ■of Hoffman and induced them to surrender possession to him, and defendant thus entered into the possession of the mitie, the defendant’s possession would be unlawful and could not be maintained. The case, however, made by the record, stands .upon a different basis, and does not fall within the rule…
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