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Samuel Handler, Appellee, v. Sam J. Alpert, Appellant.

FORCIBLE ENTRY AND DETAINER, § 27 — beneficiary under trust agreement, right to maintain action. Where, during term of apartment lease, lessor conveyed title to building pursuant to trust agreement whereby equitable as well as legal title was vested in trustee and beneficiary merely was given right to collect rent without status of landlord, beneficiary could not maintain forcible detainer action against lessee following expiration of term, and lessee was not estopped to question beneficiary's right thereto either on theory of estoppel to question landlord's title or that lessee attorned to beneficiary by virtue of payments of rent to him.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE FEINBERG.

Not to be published in full. Opinion filed May 19, 1947; released for publication June 3, 1947.

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HANDLER v. ALPERT
(May 19, 1947)