(Download) "Stein v. Green" by Supreme Court of Illinois * eBook PDF Kindle ePub Free
eBook details
- Title: Stein v. Green
- Author : Supreme Court of Illinois
- Release Date : January 20, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Rehearing denied September 19, 1955. Appellees, Lynn R. Stein and Ruth L. Stein, brought an action in ejectment against Robert Green, the appellant, in the circuit
court of White County, to recover possession of a parcel of real estate, situated in the city of Carmi, which they had purchased
by warranty deed from the heirs and devisees of David E. Parker, deceased. By a separate count in equity they prayed for temporary
injunctive relief which was granted and which withstood appellant's efforts to dissolve it. Thereafter, the appellant, alleging
that he was in possession as a tenant from month to month under a written lease, defended that the ejectment action could
not be maintained because he had not been given a thirty-day notice to quit, in writing, as required by our statute relating
to landlord and tenant. (Ill. Rev. Stat. 1953, chap. 80, par. 6.) In the alternative, and by way of equitable counterclaim,
appellant interposed the defense that he was the owner of the land by virtue of an oral contract to devise with Parker, alleging
that appellees knew, or should have known, of his rights at the time they purchased the land. The circuit court found the
issues for appellees and this appeal, involving a freehold, has followed.
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