Reports of Cases At Law And in Equity Argued And Determined in the Supreme Court of Illinois 32 (April Term, 1863)

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Stat., 1874, p. 535.
252 APEIL TERM, 1863. 333 Jackson vs. Warren.
distinguished from a forcible and violent entry. Second, where the entry is forcible by means of actual violence. Third, where a tenant wrongfully holds over after the expiration of the time for which the premises have been let to him.
The act of 18'31 (Session Laws, p. 176) brings within the reach of this action two additional cases: First, where a vendee under a contract to purchase has entered into possession, and before obta
...in- ing a deed, refuses to comply with the contract;' and second, where lands have been sold under a judgment or decree, and the party to such judgment or decree, after the expiration of the time of red emption, refuses, after demand in writing by the purchaser under the same, to surrender possession thereof. This act is a remedial statute, and should have a liberal exposition.' Same : Against party entering under vendee.
It seems that, in the first class of cases specified in the act of 1861, if the vendee assigns his contract, or, without assigning the contract, puts another party in possession, he himself abandoning the possession and refusing to comply with the contract, this summary proceeding can be maintained against the party in possession.


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