Aurner v. Pierce

This was a suit in forcible detainer brought by appellant against appellee to recover possession of the second story of a frame building, situated on lots 2 and 3 in block 36 in the city of JDeKalb. In the court below a jury was waived and this case was tried by stipulation of the parties with a chancery case and a case involving the allowance of an award to appellee, as the widow of Benjamin F. Church, deceased. The latter case, under the title of Kittie Alden et al. v. Margaret Pierce Church, is in this court on appeal, and the records in that case and this are substantially the same.

There…