Unzicker v. Unzicker

Plaintiff brought this suit to recover from defendants the rental value , of a half-section of land in Deuel county for the years 1913, 1914, 1915 and 1916, the aggregate of the rentals demanded being $2,400. Under instructions to which no exceptions were taken, the jury were permitted to find in favor of plaintiff, if he proved by a preponderance of the evidence that defendants, during any of the years mentioned, used and occupied the land with his knowledge and consent, and that the use and occupancy were of some value..

Defendants denied the existence of the relation of landlord and tenant,…