Pierce v. Kennedy

Appellants filed suit in the Jackson circuit court to recover possession of certain lands described in the complaint, alleging that they were the owners of this property, and that appellee had entered into possession of it under a written lease, which was made an exhibit to the complaint, and it was alleged that appellee had breached the lease contract by failure to pay promptly when due the rentals specified therein.

After giving the bond required by the unlawful detainer statute (§ 6040, Pope’s Digest), the writ was issued and served. Appellee gave bond and retained possession and filed an…