Opinion
Gen. No. 44,461. (Abstract of Decision.)
Opinion filed May 10, 1949 Rehearing denied May 24, 1949 Released for publication June 3, 1949
EJECTMENT, § 13 — element of possession. Plaintiff claiming possession by virtue of quitclaim deed dated June 30, 1947, and registered under Torrens Act on July 1 could not prevail in ejectment against defendant, where mortgagee was in possession of the premises on and after default in terms of mortgage note and had leased the premises to defendant's predecessor in interest on May 1, 1942, and predecessor had been in continuous and uninterrupted possession thereof as mortgagee's tenant until July 1, 1945, on which date mortgagee assigned note to predecessor, and defendant and predecessor had been in continuous possession up to date on which action was instituted (Ill. Rev. Star. 1947, ch. 30, par. 45 et seq.; ch. 83, par. 12; Jones Ill. Stats. Ann. 132.001 et seq., 107.271).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WALTER R. O'MALLEY, Judge, presiding.
Judgment reversed, and cause remanded with directions, costs to be taxed against plaintiff. Heard in the second division, first district, this court at the June term, 1948.
Freeman Freeman, for appellant;
Adolph L. Haas and Earl Freeman, of counsel;
Alice M. Heerey, for appellee.
Not to be published in full. Opinion filed May 10, 1949; rehearing denied May 24, 1949; released for publication June 3, 1949.