Barker v. Denning

The opinion of the court was delivered by

Smith, J.:

On January 4, 1909, the appellants sold "the eighty-acre tract of land involved in this action to the appellee and delivered to appellee a deed of conveyance warranting the land to be free and clear of all incumbrances. On the first of March, following; the appellee went upon the land to do some cultivating thereon, and was excluded therefrom by one Ed Cash, a tenant of the appellants. Thereupon the appellee gave notice to Cash to quit, and brought an action against him for forcible entry and detainer. On the trial it developed that the…