{
  "id": 5379001,
  "name": "H. L. Thompson, Appellant, v. John Sprague, Appellee",
  "name_abbreviation": "Thompson v. Sprague",
  "decision_date": "1915-12-01",
  "docket_number": "",
  "first_page": "197",
  "last_page": "198",
  "citations": [
    {
      "type": "official",
      "cite": "197 Ill. App. 197"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2751,
    "ocr_confidence": 0.54,
    "sha256": "ea4de80177478da8186edefc648db3474491b8ac04e4dda8d4b08cfff3079a98",
    "simhash": "1:4525695468a740f0",
    "word_count": 463
  },
  "last_updated": "2023-07-14T16:24:45.151974+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "H. L. Thompson, Appellant, v. John Sprague, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McBride\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Landlord and tenant, \u00a7 4 \u2014when subtenancy not created. A tenancy cannot be changed into a subtenancy by the execution by the landlord\u2019s grantee to the landlord of a lease of which the tenant has no knowledge.\n2. Forcible entry and detainer, \u00a7 71 \u2014what purchaser of interest of landlord must, prove to maintain action against tenant. In an action of forcible detainer against a tenant lawfully in possession at the time of the plaintiff\u2019s acquisition of the landlord\u2019s' interest in the premises, the plaintiff must show affirmatively not only his acquisition of title but, further, that the tenant\u2019s rights under and by virtue of the tenancy have terminated.\n3. Forcible entry and detainer, \u00a7 32 \u2014what notice must be given tenant from year to year. A tenant from year to year is en-. titled to sixty days\u2019 notice to terminate his tenancy before an action of forcible detainer can be maintained against him.\n4. Instructions, \u00a7 10*\u2014when giving large number improper. The practice of submitting large numbers of instructions upon simple issues is to be condemned as tending to confuse rather than to aid the jury in their deliberations.\n5. Judgment, \u00a7 270\u2014when court may amend record of nunc pro tunc. The court may on motion made after the expiration of' the term at which a judgment is rendered correct the record thereof nunc pro tunc.\n6. Forcible entry and detainer, \u00a7 11 \u2014when owner executing lease may not maintain action. An owner of property, having executed a lease thereof under which the lessee is entitled to possession, may not maintain an action of forcible detainer against one in possession.",
        "type": "majority",
        "author": "Mr. Justice McBride"
      }
    ],
    "attorneys": [
      "James B. Lewis and Johh L. Thompson, for appellant.",
      "W. F. Scott, for appellee."
    ],
    "corrections": "",
    "head_matter": "H. L. Thompson, Appellant, v. John Sprague, Appellee.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Saline county; the Hon. A. W. Lewis, Judge, presiding.\nHeard in this court at the March term, 1915.\nAffirmed.\nOpinion filed December 1, 1915.\nStatement of the Case.\nAction of forcible detainer by H. L. Thompson, plaintiff, against John Sprague, defendant. From a judgment for defendant, plaintiff appeals.\nThe plaintiff\u2019s grantor having leased a farm to the defendant for a term of one year, which later became a tenancy from year to year by defendant\u2019s holding over, transferred his interest to the plaintiff who, in turn, leased the premises back to him, the defendant still treating the grantor as his landlord and being ignorant of the conveyance and lease. After the expiration of the lease the plaintiff brought this action for the possession of the property.\nJames B. Lewis and Johh L. Thompson, for appellant.\nW. F. Scott, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0197-01",
  "first_page_order": 219,
  "last_page_order": 220
}