Opinion
Gen. No. 44,040. (Abstract of Decision.)
Opinion filed May 19, 1947 Released for publication June 3, 1947
FORCIBLE ENTRY AND DETAINER, § 27 — beneficiary under trust agreement, right to maintain action. Where, during term of apartment lease, lessor conveyed title to building pursuant to trust agreement whereby equitable as well as legal title was vested in trustee and beneficiary merely was given right to collect rent without status of landlord, beneficiary could not maintain forcible detainer action against lessee following expiration of term, and lessee was not estopped to question beneficiary's right thereto either on theory of estoppel to question landlord's title or that lessee attorned to beneficiary by virtue of payments of rent to him.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. IRWIN B. CLORFENE, Judge, presiding.
Reversed and remanded with directions. Heard in the first division, first district, this court at the April term, 1947.
Alfred Newton, for appellant;
Lawrence E. Lewy and Morris A. Gzesh, of counsel;
Henry W. Kenoe and Raphael Fine, for appellee.
Not to be published in full. Opinion filed May 19, 1947; released for publication June 3, 1947.