Appellate Court of Illinois, 1889

Hinchliffe v. Espen

Hinchliffe v. Espen
Appellate Court of Illinois · Decided March 13, 1889 · Gary
30 Ill. App. 371; 1888 Ill. App. LEXIS 303

Hinchliffe v. Espen

Opinion of the Court

Gary, J.

This was an action for a forcible detainer by appellees, in which the appellant was joined with his sub-tenants, who were in possession, under Sec. 15 of the act of 1874.

This section does not warrant a judgment against the original tenant, out of possession when the suit was begun. The judgment is required to be according as their actual holdings shall be found to be.

There is some ambiguity in the section, but language unequivocal would be necessary to make a party guilty of forcibly detaining what he did not hold at all. Godard v. Lieberman, 18 Ill. App. 366.

Judgment reversed.

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