Bowman v. Powell

The bill of exceptions shows that George E. Sutton testified, in response to questions asked by the court, that one of the signatures to the lease was that of appellant, that the latter occupied the premises under the lease and paid the stipulated rent therefor until January 1, 1905. Appellant moved to strike out this testimony, which motion the court overruled. The lease was put in evidence. Appellant filed no affidavit of a defense upon the merits, and the record contains no evidence in that regard.

Appellant contends that as the lease ran for more than one year and was signed by the lessor,…