Kellogg v. Forsyth
65 U.S. 186 (1860)

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U.S. Supreme Court

Kellogg v. Forsyth, 65 U.S. 24 How. 186 186 (1860)

Kellogg v. Forsyth

65 U.S. (24 How.) 186

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

The statutes of Illinois require that a declaration in ejectment shall be served upon the actual occupant, and the practice of that state authorizes the appearance of the landlord and his defense of the suit, either in his own name or that of the tenant with his consent.

And when a landlord has undertaken the defense of a suit in the name of the tenant with his consent, the tenant cannot interfere with the cause to his prejudice.

Therefore, when the defendant in ejectment in the court below died after judgment, and his attorney and landlord, who had conducted the suit in the name and with the consent of the deceased, sued out a writ of error in the name of the heirs, gave bond for the prosecution of the writ and for costs, a motion to dismiss the writ will not be entertained, although the heirs of the deceased authorize the motion to dismiss.

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