Illinois Appellate Court
Civil Court
Forcible Entry & Detainer
Court erred in granting summary judgment for Plaintiff in forcible entry and detainer action. Defendant presented some factual basis that would entitle her to judgment, as she attached to her response to motion affidavit averring duration of her residence, and rental agreement, and also attached copy of original lease. Documents set forth genuine issue of material fact as to whether Defendant was a month-to-month tenant pursuant to original lease at time order approving judicial sale was entered for Plaintiff, and thus Plaintiff's right to judgment of possession is not clear and free from doubt. (GORDON and LAMPKIN, concurring.)