If the plaintiff, or his or her agent or attorney, states under oath that he or she claims title through a common source with the defendant, it is sufficient for the plaintiff to show title from such common source, unless the defendant, or his or her agent or attorney, denies, on oath, that he or she claims title through such source, or swears that he or she claims title through some other source.
6-121.Claim of title through common source.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a plaintiff who swears to claiming title through a common source with the defendant satisfy the burden by showing title from that source alone, unless the defendant denies under oath sharing that source or swears to claiming through a different one.
Full Text of 735 ILCS 5/6-121
Plain-English Summary
Proving title all the way back to its origin can be burdensome, and this section offers a shortcut when both sides trace their claims to the same origin. If the plaintiff, or the plaintiff's agent or attorney, states under oath that the plaintiff claims title through a common source with the defendant, it becomes sufficient for the plaintiff to show title from that common source, rather than tracing title back further.
The defendant can defeat that shortcut in one of two ways, each requiring a sworn statement. The defendant, or the defendant's agent or attorney, may deny under oath claiming title through the same common source, or may instead swear to claiming title through some other source entirely. Either sworn response takes the shortcut off the table and returns the case to ordinary proof requirements.
This section fits alongside 6-117 and 6-118, both of which condition certain proof-shifting effects on sworn statements rather than mere pleading. Here, too, the shortcut depends on oath: an unsworn assertion of a common source does not trigger the reduced burden.
Frequently Asked Questions
What must the plaintiff do to invoke the common-source shortcut?
State under oath, personally or through an agent or attorney, that the plaintiff claims title through a common source with the defendant.
What is the plaintiff excused from proving once that oath is made?
Full title all the way back to its origin; showing title from the common source becomes sufficient.
How can the defendant defeat this shortcut?
By denying under oath that the defendant claims title through the common source, or by swearing that the defendant claims title through some other source.
Does an unsworn statement about a common source trigger this rule?
The section requires the statement to be made under oath, so an unsworn assertion does not appear to satisfy the requirement.
Who can make the sworn statement on the plaintiff's behalf?
The plaintiff, or the plaintiff's agent or attorney, may make the required oath.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: common source of title ejectment illinoisproving title through common sourcedefendant denies common source ejectmentsworn statement title source ejectment