Guyer v. Rose

GUITTARD, Chief Justice.

Ted Rose, the purchaser in a contract for sale of a residence, sued Nelson Guyer, the seller, for specific performance and obtained a temporary injunction restraining Guy-er from prosecuting a forcible detainer suit pending trial of the suit for specific performance. Guyer appeals on the ground that the district court had no jurisdiction to restrain the forcible detainer suit because no question of title was raised in that suit. We hold that the purchaser’s right to possession of the property depended not on his compliance with the terms of a lease, but on his…