#### J. Clinton Grant, Defendant in Error, v. George Schwartz, Plaintiff in Error.

Gen. No. 18,711.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Reversed and remanded.

Opinion filed November 4, 1913.

Statement of the Case.

Action of forcible detainer by J. Clinton Grant against George Schwartz for certain rooms leased. From a judgment for possession, defendant brings error.

Percival Steele, for plaintiff in error; Harvey L. Cavender, of counsel.

No appearance for defendant in error. '

*

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

Mr. Justice Barnes

delivered the opinion of the court.

*203Abstract of the Decision.

Forcible entry and detainer, § 71 * —defendant’s possession must Be proved. In an action of forcible detainer by a lessor against a lessee, in absence of proof that the lessee, where no one was holding under him, was in actual possession of the premises at the time suit was brought, defendant’s motion for a peremptory instruction should be granted.