Burton v. Rice

The appellant claims that he was entitled to an instructed verdict for possession of the leased land because he claims that the defendant had failed to deny certain portions of the complaint. My reason for denying the appellant’s claim is that, regardless of what the defendant failed to do, the appellant, himself, failed to either allege or prove that he was entitled to possession of the land. I have carefully examined the transcript, page hy page, and I fail to find any allegations in the pleadings or any statements in the evidence to the effect that the farm lease contained any provision…