Allen v. Webster
Illinois Supreme Court
Appeal from the Circuit Court of De Kalb county; the Hon. Theodore D. Murphy, Judge, presiding. This was an action of forcible detainer brought before a justice of the peace by William Webster against Henry Allen to recover possession of certain premises. Upon trial had judgment was rendered against the defendant, who appealed to the circuit court, where a trial by jury resulted as before, in a verdict and judgment for the plaintiff. The defendant appealed.
1Opinion of the CourtJustice Breese
The main question presented by this record is, who was entitled to the possession of these premises at the time complaint was made? If Webster, then the judgment must be affirmed; if Yanderburg, then it must be reversed, and it is to this we have directed our attention.
The question is not difficult of solution when the facts are considered.
The first fact is, that Webster, the appellee, claimed to be the owner of the premises, and had leased them to appellant, who had taken possession. The next fact is, that appellant’s term having expired, appellee, by a verbal lease, let them to one…
2Cited by5 opinions
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- Norris v. PierceAppellate Court of Illinois · 1893
- Purdy v. Rakestraw & PoolAppellate Court of Illinois · 1883