Putnam v. McClain

— -The record is somewhat abbreviated, and properly so. The purpose of the appeal is to determine whether *288an action of forcible entry and detainer will lie. Another question is argued briefly, but it is stated that above is the sole question for determination.

We do not understand appellant to claim that plaintiff is not entitled to the possession, but he claims that plaintiff’s remedy is by action of right, and not by forcible entry and detainer; and this for the reason that there was no lease, and the relation of landlord and tenant did not exist. It is said that, the proceeding of forcible…