The following common law fictions are abolished: (1) The use of fictitious names of plaintiffs or defendants and of the names of any other than the real claimants and the real defendants, and the statements of any lease or demise to the plaintiff, and of an ejectment by a casual or nominal ejector. (2) The consent rule.
6-150.Abolition of common law fictions.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAbolishes two common-law fictions once used in ejectment: fictitious party names and the pretense of a lease or a casual or nominal ejector, and the consent rule that went along with them.
Full Text of 735 ILCS 5/6-150
Plain-English Summary
Historical ejectment practice relied on legal fictions that had little to do with the real dispute between the real parties. This section removes those fictions from Illinois practice by name. The first abolished fiction covers the use of fictitious names for plaintiffs or defendants, and of names of anyone other than the real claimants and the real defendants, along with the associated pretense of a lease or demise to the plaintiff and of an ejectment carried out by a casual or nominal ejector.
The second abolished item is the consent rule, another procedural fiction historically bound up with the same fictitious-party framework. Both are eliminated together in this section.
Read against the rest of Article VI, this section confirms what the other sections already assume: an ejectment action under this Code is brought by and against the real claimants and real defendants, using genuine allegations of possession, entry, and wrongful withholding, rather than the fictional lease-entry-ouster machinery once used to get an ejectment case before a court.
Frequently Asked Questions
What fictitious-name practice does this section abolish?
The use of fictitious names of plaintiffs or defendants, and of the names of anyone other than the real claimants and real defendants.
What fictional allegations does this section eliminate along with fictitious names?
The statement of any lease or demise to the plaintiff, and of an ejectment carried out by a casual or nominal ejector.
What is the second item this section abolishes?
The consent rule.
Does this section change who must be named as parties in an ejectment action?
It confirms that fictitious names are abolished, consistent with 6-106 and 6-107, which require naming the actual occupant or the person exercising ownership or claiming title.
Why would a modern statute need to abolish these older fictions explicitly?
The section does not explain its reasoning, but naming them directly removes any doubt that these historical devices remain part of Illinois ejectment practice.
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 law fictions ejectment abolished illinoiscasual or nominal ejector illinoisconsent rule ejectment abolishedfictitious names in ejectment lawsuit