Hinchliffe v. Espen

Appellate Court of Illinois
Hinchliffe v. Espen, 30 Ill. App. 371 (1889)
1888 Ill. App. LEXIS 303
Gary

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.

Reference

Full Case Name
Edwin Hinchliffe, Impleaded, etc. v. Selmer Espen and Sigmund Ruthstadt
Cited By
1 case
Status
Published