Grant v. Schwartz

Decided November 4, 1913

Appellate Court of Illinois · decided 1913-11-04

<p>Abstract of the Decision.</p> <p>Forcible entry and detainer, § 71*—defendant’s possession must Be proved. In an action of forcible detainer by a lessor against a lessee, in absence of proof that the lessee, where no one was holding under him, was in actual possession of the premises at the time suit was brought, defendant’s motion for a peremptory instruction should be granted.</p>

Reversed and remanded · Decided 1913-11-04

Mr. Justice Barnes

¶1delivered the opinion of the court.

Abstract of the Decision.Forcible entry and detainer, § 71*—defendant’s possession must Be proved. In an action of forcible detainer by a lessor against a lessee, in absence of proof that the lessee, where no one was holding under him, was in actual possession of the premises at the time suit was brought, defendant’s motion for a peremptory instruction should be granted.