Opinion
Opinion filed May 31, 1941 Rehearing denied July 31, 1941.
FORCIBLE ENTRY AND DETAINER, § 68 — title, as not matter in issue. In forcible entry and detainer action by plaintiff whose husband had a contract to purchase the premises before his death, where defendant had obtained a deed from the owner and entered into possession during plaintiff's temporary absence, defendant waived question of incorrect venue by failing to raise it in the justice court or the city court on appeal, prior to filing of motion to vacate judgment in latter court, and default under terms of the contract was not in issue and could not be raised as a defense because it was not proper to determine legal title in such action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the City Court of West Frankfort; Hon. MYRON CLEM, presiding.
Affirmed. Heard in this court at February term, 1941; opinion filed May 31, 1941.
J.E. Carr, for appellant;
S.M. Ward, for appellee.
"Not to be Published in full." Rehearing denied July 31, 1941.