BROCK v. DERRY, 328 Ill. App. 400 (1946)

66 N.E.2d 182

Gen. No. 10,063. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed April 18, 1946 Released for publication May 6, 1946

LANDLORD AND TENANT, § 139[*] — effect of prior unrecorded option to lease as against tenant in possession under lease subsequently granted. In action seeking specific performance of option for lease of marsh land to be used for duck hunting, where it appeared that plaintiff did not record his option until after defendant had obtained and recorded lease to same premises and had gone into actual possession, and it appeared that circumstances were not such as to put defendant upon notice of plaintiff’s rights before he procured lease, held that complaint was properly dismissed for want of equity.

Appeal from the Circuit Court of Peoria county; the Hon. JOHN T. CULBERTSON, JR., Judge, presiding.

Decree affirmed. Heard in this court at the February term, 1946.

Morgan, Pendarvis Morgan, for appellant;

Galbraith Baymiller, for appellee.

Opinion by JUSTICE DOVE.

Not to be published in full. Opinion filed April 18, 1946; released for publication May 6, 1946.