It is not an objection to a recovery in an action of ejectment that any one of several plaintiffs do not prove any interest in the premises claimed, but those entitled shall have judgment, according to their rights, for the whole or such part or portion as he, she or they might have recovered if he, she or they had sued in his, her or their name or names only.
6-123.Proof of interest.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceProvides that one of several plaintiffs failing to prove an interest in the claimed premises is not, by itself, a bar to recovery, since those who do prove their rights get judgment for whatever they could have recovered had they sued alone.
Full Text of 735 ILCS 5/6-123
Plain-English Summary
Where 6-105 lets multiple co-owners join as plaintiffs, this section protects that joinder from an all-or-nothing outcome. It is not an objection to recovery in an ejectment action that any one of several plaintiffs fails to prove an interest in the claimed premises.
Instead of dismissing the whole case over one plaintiff's failure of proof, the section directs that those plaintiffs who are entitled to recover receive judgment according to their own rights. They recover the whole premises, or such part, share, or portion as they would have been entitled to had they sued individually in their own name or names only.
This section works as the trial-stage complement to 6-105's joinder rule and to 6-124's rule on judgment against multiple defendants. Together, these sections let ejectment proceed efficiently with several parties on either side, without making every joined party's claim contingent on every other party's proof succeeding.
Frequently Asked Questions
Does one plaintiff's failure to prove an interest defeat the whole case?
No. The section states it is not an objection to recovery that any one of several plaintiffs fails to prove an interest.
What happens to the plaintiffs who do prove their rights?
They receive judgment according to their rights, for the whole premises or the part, share, or portion they would have recovered had they sued alone.
Does this section change what each plaintiff must prove?
No. Each plaintiff still must establish an interest to recover; the section only prevents one plaintiff's shortfall from barring the others.
How does this section relate to the joinder allowed under 6-105?
6-105 lets co-owners join as plaintiffs; this section keeps that joinder from becoming risky by protecting successful plaintiffs from a co-plaintiff's failure of proof.
Does the amount of recovery change based on whether the plaintiffs sued jointly or alone?
No. The section measures recovery by what each entitled plaintiff might have recovered had they sued in their own name or names only.
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: one plaintiff fails to prove interest ejectmentpartial recovery multiple plaintiffs ejectmentco-plaintiff proof failure illinois ejectmentjudgment according to each plaintiff's rights