Willows Cattle Co. v. Connell

This is a forcible entry and detainer proceeding to recover possession of an eighty-acre tract of public land. A jury returned a verdict for the defendant. The appeal is based upon the instructions given to the jury. The court was asked to direct a verdict for the plaintiff, and the refusal to do so is assigned as error. Plaintiff claims that the undisputed testimony entitled it to a verdict, because it showed that at the time of defendant’s entry, which was admitted, the premises were in the possession of the plaintiff. "Whether or not the plaintiff, at the time of the entry, was in…