Boutwell v. County B. of Education of Escambia County

The County Board of Education of Escambia County brought its suit of unlawful detainer (count 1 of the complaint) against Carney Boutwell and his wife for the recovery of a small tract of land upon which was located a school house. On appeal by plaintiff to the circuit court from the adverse ruling by the justice of the peace (Code 1940, Title 13, § 389; Title 7, § 984), there was jury and verdict for plaintiff, and defendants appeal.

Plaintiff offered proof tending to show prior actual possession. Such was the evidence of Weaver, the County Superintendent of Education and executive officer of…