Appleton v. Buskirk

This is a proceeding to oust the defendant from the possession of five acres of land, which it is claimed he se holds wrongfully and by force against Thomas J. Appleton and his wife, Minnie M. Appleton,” who are now lawfully entitled to the possession thereof.

Upon appeal from the commissioner, the case was tried in the Kent circuit court, before Judge Montgomery, without a jury, who rendered judgment in favor of the defendant. No findings of facts were requested or filed.

The only error assigned is that there was no testimony given on the trial to support the judgment.

It is doubtful if we can,…