delivered the opinion of the court.
Elisburg v. Berkey, 185 Ill. App. 389 (1914)
March 10, 1914
·
Illinois Appellate Court
·
Gen. No. 18,993
185 Ill. App. 389
Louis A. Elisburg, Defendant in Error, v. Nellie K. Berkey and Arista W. Berkey, Plaintiffs in Error.
Gen. No. 18,993.
(Not to be reported in full.)
Error to the Municipal Court of Chicago; the Hon. Thomas F. Soullt, Judge, presiding.
Heard in the Branch Appellate Court at the March term, 1913.
Affirmed.
Opinion filed March 10, 1914.
Statement of the Case.
Action of forcible entry and detainer brought in the Municipal Court by Louis A. Elisburg against Nellie K. Berkey and Arista W. Berkey to recover possession of a flat in an apartment building. The plaintiff, claiming right of ownership by a quitclaim deed from Nellie K. Berkey, had been in possession of the apartment building for some months, the tenants having attorned to him. One of the flats became vacant and the defendants took possession of it. At the trial an attempt was made by the defendants to have tried the question as to the ownership of the property, the claim being made that the quitclaim deed was obtained by fraud. Judgment was entered in favor of plaintiff and a writ of restitution was granted after the hearing. To reverse the judgment, defendants bring error.
*390Abstract of the Decision.
1. Fobcible entby and detainee, § 84*—when evidence sufficient to show forcible entry. In an action for forcible entry and detainer, evidence held sufficient to show that the entry by the defendants was forcible, so that a demand for possession was unnecessary.
2. Fobcible entry ani) detainer, § 108 * —when objection to judgment not preserved for review. Objection that the judgment order in forcible entry and detainer does not sufficiently describe the property cannot be considered in a court of review where such objection was not urged in the trial court.
3. Forcible entry and detainee, § 67 * —issues as to title. In an action of forcible entry and detainer the question of title to the premises is not involved.
J. Marion Miller, for plaintiffs in error.
E. M. Seymour, for defendant in error.