#### Bernard McQuillen et al., Appellees, v. Matteo Mazzone, Appellant.

Gen. No. 17,937.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the' Hon. Mazzini Slusseb, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 9, 1913.

Rehearing denied .Qctober 23, 1913.

Statement of the Case.

'Action by Bernard McQuillen and others against Matteo Mazzone to recover money claimed to be due as rent for certain premises occupied by defendant. From a judgment for plaintiff for nine hundred and sixty dollars, defendant appeals.

*134Abstract of the Decision.

1. Landloed and tenant, § 321 * —when certificate of sale to tenant not admissible in suit for rent. In an action against a tenant in possession for rent, a certified copy of a master’s certificate of sale to defendant is not admissible to show that defendant is not accountable for the rent.

2. Landloed and tenant, § 131*—when tenant estopped from denying landlord’s title. A tenant in possession is estopped from denying title of his landlord, and he must surrender possession before he can assail that title or set up title in himself.

3. Landloed and tenant. § 321*—when evidence of a claim for repairs by tenant, inadmissible. In an action for rent under a lease requiring lessee to keep premises in repair at his own expense and to make no alterations except with lessor’s consent, evidence offered by defendant of a claim for repairs made by him without lessor’s consent, held inadmissible.

4. Mobtgages, § 607*—rights of holder of certificate of sale. Holder of a certificate of sale is not entitled to possession of the premises or to the rents, issues or profits thereof during the period of redemption.

Rocco DeStefano, for appellant.

Louis Shissler and John A. Stagg, for appellees.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Gridley

delivered the opinion of the court.