O'Connell v. Gillespie

This was an action by Gillespie against O'Connell, for the forcible entry and detainer of a certain town lot, brought before the mayor of the town of Green-castle, and appealed to the Circuit Court. Trial; verdict and judgment for the plaintiff.

The defendant asked a charge to the substantial effect that in order to entitle the plaintiff to recover, it was necessary that the defendant’s entry should have been unlawful and forcible, or, having- peaceably entered, that he should have forcibly detained the premises. This charge was refused, and the Court charged that the plaintiff must prove “…