Wheeler v. Reitz

This was an action by the appellee against the appellants, to recover possession of certain real estate. The complaint was in two paragraphs, each averring, substantially, that the appellants entered into possession of the premises in controversy under a lease from the appellee; that the tenancy expired October 1st, 1882; but that the appellants continued in possession without right, and unlawfully kept the appellee out of possession.

The appellants’ demurrer was overruled to each paragraph of the complaint. They then answered by the general denial. The case was tried by the court; there was a…