Gregory v. Pribbeno

This is an action for unlawful detention of school-lands. Both the county court and the district court on appeal entered a judgment that plaintiff have restitution of the premises and costs. Defendant appeals to this court contending that without prior possession of the premises plaintiff cannot maintain the action; that plaintiff is not a proper party plaintiff; and that the action will not lie because the question of title is involved. There is no question raised as to the legality of notices to vacate and quit duly served upon defendant.

The evidence is that E. A. Tibbetts, defendant’s…