Rutledge v. Barger

— This is an action of forcible entry upon real property consisting of a lot and a store building thereon. Judgment was entered in favor of plaintiffs for restoration of possession and for damages. The defendants have appealed from the judgment.

The evidence shows and the court found that in December, 1923, the defendants, as owners, leased the property to W. P. Rutledge and James Tully (plaintiffs herein) and William Pehr and C. C. Thomson, for a term of three years; that the lessees went into possession under the lease and conducted a grocery and general merchandise business in the building;…