State ex rel. Morgan v. Stevenson

The law is well settled that a vendee, who enters into possession of real estate under a land contract, becomes the equitable owner of the property as long as the land contract remains uncancelled and in force.

It is quite apparent that in order to grant a writ of eviction upon the plaintiff’s complaint the Justice of the Peace would, of necessity, be called upon to pass on certain questions of fact, which will determine whether or not the land contract shall be declared cancelled, and as of no effect whatsoever. §10232, GC, in express terms provides that justices shall not have jurisdiction.

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