Kilbourne v. Forester

SHANGLER, Presiding Judge.

The issue presented to the trial court, and now to us by this appeal, is: which of the parties is entitled to the possession of certain premises, the owners, respondents Bruce and Eleanor Forester, or appellant Joy Kilbourne who, with her son, entered under a written lease and has continued in occupancy since ? This issue, separately tried to the court upon a stipulated record, was raised by Count II of respondents’ counterclaim to appellant’s defamation action and decided favorably to respondents. This judgment was designated as final for purposes of appeal. Hence…