Esch v. Leitheiser

The appellee filed a complaint alleging that the appellant occupied, as a tenant under a written lease with appellee, a certain house and lot in Muncie, Indiana, owned by appellee. It alleged appellant’s failure to pay one installment of rent due in advance, and also alleged the termination of appellant’s tenancy by written demand for possession more than one month prior to the date upon which possession was demanded.

Appellant’s answer admitted execution of the rental agreement, but alleged herself to be the equitable owner of the real estate and not a tenant. It further alleged that the…