33 N.E.2d 718

Eleanor Babb and Blanche B. Dennison, Appellees, v. Hazel L. Babb, Appellant.

Gen. No. 9,260. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed April 14, 1941

LANDLORD AND TENANT, § 50[*] holding over, sufficiency of evidence. Where defendant appealing from order denying motion to vacate writ of assistance had been a party to a partition suit, wherein decree found she was a tenant under a lease expiring March 1, 1940, sale notice stated premises would be sold subject to her rights as tenant, plaintiffs who purchased at partition sale did not treat defendant as a new tenant, but showed their intention to treat defendant as a trespasser after expiration of the lease, and defendant was not a hold-over tenant.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Circuit Court of Pike county; Hon. A. CLAY WILLIAMS, presiding.

Affirmed. Heard in this court at October term, 1940.

Merrill H. Johnston, for appellant;

Williams Williams and Hogan Coale, for appellees.

Opinion by PRESIDING JUSTICE FULTON.

“Not to be published in full.” Opinion filed April 14, 1941.

Page 259

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