Higginbotham v. Higginbotham & Clarke

Judge Simpson

delivered the opinion of the Court.

This warrant of forcible entry and detainer was sued out by the plaintiff in error against the defendants, who were found guilty of the forcible entry and detainer complained of, by the verdict of the jury in the country. They, thereupon, traversed the inquisition and carried the case into the Circuit Court, and upon a trial, in that court, a verdict was rendered in their favor, the Court having instructed the jury to find'for the defendants, as in the case of a non-suit.

The facts proved upon the trial were, that, by virtue of a writ of habere…