Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSets out detailed jury-verdict rules for ejectment: whether the verdict favors all or only some plaintiffs, which defendants it runs against, whether it covers the whole property or only part or a fractional share, and what estate it establishes.
Full Text of 735 ILCS 5/6-126
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In the following cases, if tried by a jury, the verdict shall be rendered as follows: 1. If it is proved on the trial that all the plaintiffs have a right to recover the possession of the premises, the verdict shall be for the plaintiffs generally. 2. If it is proved that one or more of the plaintiffs has a right to the possession of the premises, and that one or more does not have such right, the verdict shall specify for which plaintiff the jury finds, and as to which plaintiff the jury finds for the defendant.
3. If the verdict is for any plaintiff, and there are several defendants, the verdict shall be rendered against such of them as were in possession of the premises or as claimed title thereto at the commencement of the action.
4. If the verdict is for all the premises claimed, as specified in the complaint, it shall, in that respect, be for such premises generally.
5. If the verdict is for a part of the premises described in such complaint, the verdict shall particularly specify such part, as the same was proved, with the same certainty hereinbefore required in the description of the premises claimed.
6. If the verdict is for an undivided share or interest in the premises claimed, it shall specify such share or interest; and if for an undivided share in a part of the premises claimed, it shall specify such share, and shall describe such part of the premises as hereinbefore required.
The verdict shall also specify the estate which has been established on the trial, by the plaintiff in whose favor it is rendered, whether such estate is in fee or for his or her own life or for the life of another, stating such lives, or whether it is for a term of years, and specifying the duration of such term.
Plain-English Summary
This section is Article VI's most detailed roadmap for a jury's verdict in an ejectment trial, working through several scenarios in order. If every plaintiff has a right to recover, the verdict is for the plaintiffs generally. If some plaintiffs have that right and others do not, the verdict must specify which plaintiff the jury finds for and which plaintiff the jury finds against, rather than lumping all plaintiffs together.
Where several defendants are involved, the verdict for any successful plaintiff runs against those defendants who were in possession of the premises or who claimed title at the commencement of the action, tying the verdict back to the same group 6-124 identifies as subject to recovery. On the scope of the premises recovered, the verdict must state whether it covers all the premises claimed, generally, or only a part, in which case the verdict has to specify that part with the same certainty 6-110 requires in describing the premises in the complaint.
A verdict for an undivided share or interest follows the same pattern: it must specify the share or interest, and if that share applies to only part of the premises, it must both specify the share and describe that part with the required certainty.
Finally, the verdict must specify the estate established at trial for the prevailing plaintiff, echoing the categories 6-111 requires in the complaint: a fee, a life estate measured by the plaintiff's own life or another's named life, or a term of years with its duration stated. Every layer of this section, plaintiff, defendant, scope, and estate, has to be spelled out rather than left implicit in a general verdict.
Frequently Asked Questions
What does the verdict say if every plaintiff has a right to recover?
The verdict is for the plaintiffs generally.
What happens if some plaintiffs win and others do not?
The verdict must specify for which plaintiff the jury finds and as to which plaintiff the jury finds for the defendant.
Against which defendants is a successful verdict rendered?
Against those defendants who were in possession of the premises, or who claimed title to them, at the commencement of the action.
What must the verdict say if the plaintiff recovers only part of the premises claimed?
It must particularly specify that part, described with the same certainty required for describing the premises claimed in the complaint.
Must the verdict identify the type of estate recovered?
Yes. The verdict must specify whether the estate established is a fee, a life estate (stating whose life), or a term of years (stating its duration).
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
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