If any issue of fact is presented on such petition, it shall be tried as in other civil cases; and if such issue is found for the plaintiff, or if demand for trial by jury has been made in accordance with law, a jury may assess damages in the amount of the mesne profits received by the defendant since he or she entered into possession of the premises, subject to the restrictions contained in Article VI of this Act.
6-137.Issue of fact on petition.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceProvides that a factual dispute raised by the mesne-profits petition is tried as in other civil cases, and that a jury, if one has been demanded, may assess the mesne profits the defendant received since taking possession, subject to Article VI's restrictions.
Full Text of 735 ILCS 5/6-137
Plain-English Summary
Filing a mesne-profits petition under 6-133 does not guarantee an undisputed award; the defendant's pleadings under 6-136 may raise a genuine issue of fact. This section addresses that situation. If any issue of fact is presented on the petition, it is tried the same way factual issues are tried in other civil cases.
If that issue is found for the plaintiff, or if a jury has been properly demanded under applicable law, a jury may assess damages measured by the mesne profits the defendant received since entering into possession of the premises. That assessment does not proceed without limit; it remains subject to the restrictions Article VI itself imposes, including the specific proof requirements and offsets set out in 6-138.
Frequently Asked Questions
How is a factual dispute on the mesne-profits petition resolved?
It is tried as in other civil cases.
Who assesses the mesne profits if the issue is found for the plaintiff?
A jury may assess the damages, measured by the mesne profits received by the defendant since entering possession, if the issue is found for the plaintiff or a jury demand has properly been made.
Is the jury's assessment of mesne profits unlimited?
No. It is expressly subject to the restrictions contained in Article VI.
What restrictions apply to that assessment?
6-138 sets out the specific proof requirements and the defendant's right to set off improvements against the plaintiff's claim.
Since when are mesne profits measured under this section?
Since the defendant entered into possession of the premises.
Amendment History
(Source: P.A. 84-1043.)
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: trial of mesne profits petition illinoisjury assessment of mesne profitsissue of fact ejectment petitionmesne profits since entering possession