Merchants' State Bank v. Porter

But one question is raised in this court, .viz: Did the plaintiff have such possession of the property as will enable her to maintain this action ?

The undisputed evidence shows that at. one time she was the owner in possession of the property, and that while such owner she employed the witness Himes as her agent, to rent the property, collect and transmit the rent to her, less his commissions. Himes, as such agent, rented the property to Frank Holmes. Holmes took possession under his lease and for a time paid the rent as agreed.

Appellant having in the meantime purchased the property at…