Klingbeil v. Neubauer

The opinion of the court was delivered by

Mason, J.:

Augusta Klingbeil began a proceeding against Fritz Neubauer under the forcible entry and detainer statute. The plaintiff recovered judgment and the defendant appeals.

In the course of the trial it developed that before the proceeding was begun the plaintiff had conveyed away an undivided one-fourth interest in the tract in controversy. The defendant contends that as the plaintiff did not own the property she could not maintain the action. One of several tenants in common may maintain a proceeding for forcible entry and detainer against a…