Smith v. Schreiber

These parties appeared in reverse order in the trial court. They are hereinafter designated by name.

Schreiber sued John Smith in the county court to recover possession of r'eal estate. Emma Smith, alleging that she owned the fee and was entitled to possession, moved to be made a party, and John Smith disclaimed. Emma Smith’s motion was granted, trial was to the court and Schrieber had judgment. The Smiths appealed to the district court, giving an appeal bond in the sum of $500 as ordered. Schreiber, on the theory that the action was one under the forcible entry and unlawful detainer act,…