Illinois Compiled Statutes 735 Civil Procedure: Article VI - Ejectment

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-101
  Bringing action. An action of ejectment may be brought in the cases and manner heretofore accustomed, subject to the provisions contained in Article VI...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-102
  Interest in land. It may also be brought to recover lands, tenements or hereditaments, and by any person claiming an estate therein, in fee...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-103
  Lessee of United States or of this State. In all cases in which any person has heretofore entered upon and occupied or shall hereafter...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-104
  Interest of plaintiff. No person shall recover in ejectment unless he or she has, at the time of commencing the action, a valid subsisting...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-105
  Joinder of plaintiffs. Any two or more persons claiming the same premises as joint tenants or tenants in common, may join in an action...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-106
  Joinder of defendants. If the premises for which the action is brought are actually occupied by any person, such actual occupant shall be named...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-107
  Vacant land. If the premises are not occupied, the action shall be brought against some person exercising ownership on the premises claimed, or claiming...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-108
  Pleading as in other civil cases. The time of filing complaints in actions of ejectment shall be the same as in other civil cases;...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-109
  Allegations in complaint. It shall be sufficient for the plaintiff to allege in the complaint that (on some day therein to be specified, and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-110
  Description of premises. The premises so claimed shall be described in such complaint with convenient certainty, so that, from such description, possession of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-111
  Interest claimed. The plaintiff shall state whether he or she claims in fee, or whether he or she claims for his or her own...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-112
  Limited to matters which are germane. The complaint may contain several counts, and several parties may be named as plaintiffs, jointly in one count...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-113
  Summons as in other civil cases. Summons shall be issued, tested, served and returned as summons in other civil cases. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-114
  Notice to landlord. Every tenant who is sued in ejectment by any person other than his or her landlord, shall forthwith give notice thereof...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-115
  Landlord as defendant. The landlord, whose tenant is sued in ejectment, may, upon his or her own motion or that of the plaintiff, be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-116
  Pleading by defendant. The defendant may file any appropriate motion as in ordinary civil cases, and may answer as hereinafter provided by way of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-117
  General denial. Under a general denial which alleges generally that the defendant is not guilty of unlawfully withholding the premises claimed by the plaintiff,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-118
  Plaintiff's proof. It is not necessary for the plaintiff to prove that the defendant was in possession of the premises, or claims title or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-119
  Plaintiff's proof - Continued. It is not necessary for the plaintiff to prove an actual entry under title, nor the actual receipt of any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-120
  Evidence. It is not necessary on the trial for the defendant to admit, nor for the plaintiff to prove lease, entry and ouster, or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-121
  Claim of title through common source. If the plaintiff, or his or her agent or attorney, states under oath that he or she claims...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-122
  Action against co-tenants. If the action is brought by one or more tenants in common, or joint tenants against their co-tenants, the plaintiff, in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-123
  Proof of interest. It is not an objection to a recovery in an action of ejectment that any one of several plaintiffs do not...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-124
  Action against several. If the action is against several, and the plaintiff is entitled to recover, he or she shall recover against all who...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-125
  Proof of occupancy. When the action is against several defendants, if it is proved on the trial that any of them occupy distinct parcels...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-126
  Specificity of verdict. In the following cases, if tried by a jury, the verdict shall be rendered as follows: 1. If it is proved...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-127
  Expiration of plaintiff's right or termination of plaintiff's title before trial. If the right of a plaintiff in ejectment expires or the plaintiff's title...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-128
  Suggestion of death. If there are several plaintiffs in an action of ejectment, and any of them die before final judgment, the death of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-129
  Judgment. In cases where no other provision is made, the judgment in the action, if the plaintiff prevails, shall be that the plaintiff recover...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-130
  Recovery of rents and profits. The plaintiff recovering judgment in ejectment in any of the cases in which such action may be maintained, shall...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-131
  Conclusiveness of judgment. Every judgment in the action of ejectment shall be conclusive as to the title established in such action upon the party...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-132
  New trial as in other civil cases. The court may grant a new trial before or after final judgment, as in other civil cases....
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-133
  Petition for damages. Instead of a separate action for the recovery of mesne profits, the plaintiff seeking to recover such damages shall, within one...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-134
  Petition stands as complaint. Such petition shall be substantially in the same form as is now in use in other civil cases for complaints...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-135
  Service of copy of petition. Upon the filing of such petition, the defendant shall be served with a copy thereof. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-136
  Pleadings. The pleadings following the filing of the petition and the proceedings thereon shall be the same as in ordinary civil actions, but no...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-137
  Issue of fact on petition. If any issue of fact is presented on such petition, it shall be tried as in other civil cases;...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-138
  Extent of recovery. On the trial of such issue, the plaintiff is required to establish and the defendant may deny, the time when such...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-139
  Death of plaintiff. If the plaintiff in ejectment dies after issue joined or judgment entered therein, the decedent's personal representatives may offer a suggestion...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-140
  When mesne profits not recoverable. Every person who is hereafter evicted from any land for which he or she can show a plain, clear...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-141
  Notice of adverse claim. Notice of any adverse claim or title to the land within the meaning of this Article is to be given...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-142
  Notice to occupying claimant. Notice to any occupying claimant shall bind all those claiming from, by or through such occupying claimant, to the extent...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-149
  Stay of waste - Security. Nothing herein contained shall be construed so as to prevent any court from entering an order to stay waste,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 6-150
  Abolition of common law fictions. The following common law fictions are abolished: (1) The use of fictitious names of plaintiffs or defendants and of...

Last modified: February 18, 2015