Best v. Gholson

This action was forcible detainer, was originally commenced before a justice of the peace, and from the judgment rendered in that court against defendant an appeal was taken to the circuit court, where, upon a hearing of the cause before the court, without the intervention of a jury, defendant was found not guilty, and the case is to be heard in this court on plaintiff’s appeal.

The title to the premises in controversy which plaintiff insists is the paramount title, he obtained under a trust deed executed by defendant, in the execution of which his wife joined with him. On default being made…