Murr v. Glover
Appellate Court of Illinois
Appeal from the Circuit Court of Will County; the Hon. Dobeaeoe Dibell, Judge, presiding. In 1858 James Roby was the owner in fee of a certain farm and premises in Will county, Illinois, comprising 391 acres of land.
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Appeal from the Circuit Court of Will County; the Hon. Dobeaeoe Dibell, Judge, presiding. In 1858 James Roby was the owner in fee of a certain farm and premises in Will county, Illinois, comprising 391 acres of land. In Seqitember, 1858, Roby conveyed this land in fee to Edward Foster, in trust, the trustee to receive the rents and profits for the use and benefit of Harriett Glover (the then wife of John Glover), for and during her natural life, and at her death to convey the same premises to the “ heirs of Harriett Glover, in fee.” Prior to this conveyance in trust John Glover, the husband,…
1Opinion of the CourtUpton, P. J.
It is apparent that the appellees must sustain the judgment in the court below, if it can be sustained, by virtue of the above mentioned lease from Harriet and John Glover to the appellant. Ho other demise is shown, or attempted to be shown, in the record before üs. It is well settled that there can be no distraint, unless there has been an actual demise; in other words, unless the relation of landlord and tenant exists. Taylor’s Landlord and Tenant, Sec. 561; Wood’s Landlord and Tenant Sec. 542; Hatfield v. Fullerton, 24 Ill. 273; Johnson v. Prussing, 4 Ill. App. 575.
In Reed v. Bartlett, 9…
2Cases cited3 opinions
- Fisher v. DeeringIllinois Supreme Court · 1871
- Reed v. BartlettAppellate Court of Illinois · 1881
- Johnson v. PrussingAppellate Court of Illinois · 1879
3Cited by1 opinion
- Roberts v. McAllisterAppellate Court of Illinois · 1922