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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 17)

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 17)


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... of the lease by Haumesser to McQuaid, Haumesser was the owner of only a part of the premises, and that by executing a lease for all of the premises, and because the premises were leased by McQuaid for the illegal purpose of selling liquor without a license, the whole transaction was thus tainted with such fraud and illegality as to reduce McQuaid from the status of an innocent and lawful lessee or tenant to that of a mere tortious occupant, and he was therefore not entitled to retain the premises as against the rightful owner. /Ve do not think this contention can be maintained. At the time the lease was executed Haumesser was the owner of only a portion of the premises, but his act of leasing was approved by Schmitt, who was one of the other owners, and there is nothing in the record to show that Haumesser did not act as the agent of the tenants in common or that the other tenants in common made any objection to the leasing. McQuaid entered and remained in possession for several months after the execution of the lease, paying the rent. In the absence of evidence to the contrary we will presume that the lease was made with the knowledge and consent of all of the tenants in common. There is nothing to show that the premises were leased for an illegal purpose. While it is true that McQuaid used them for an illegal purpose, and that fact might authorize the lessor to avoid the lease, yet the lessee would be entitled to his day in court before he could be deprived of the benefits of his lease. It is next insisted that as the lease was made after the filing of the bill for partition, McQuaid took the interest in the premises which he derived through the lease pending the partition suit, and the decree of partition and order of sale were...


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Product Details
  • ISBN-13: 9781153135894
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 232
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1153135892
  • Publisher Date: 26 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 422 gr


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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 17)
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