Stephenson v. Thompson

FOSTER, Justice.

This suit was begun by appellant in the court of a justice of the peace for forcible entry and detainer under section 966, Title 7, Code. Defendant caused a removal of it to the circuit court under section 987, Title-7, Code, upon a petition alleging in substance that he entered on the land peaceably and under claim of title and bona fidedesires to contest the title. In the circuit court it was tried without a jury. Plaintiff' undertook to prove that defendant entered" by the use of force. The trial court found against plaintiff’s contention as to force and proceeded to hear…