McCracken v. Wright

I am *625unable to agree that syllabus 3 and the corresponding part of the opinion following Bramwell v. Trower, supra, and Linder v. Warnock, supra, are applicable to the present case. The defendants, in my opinion, did not plead or prove a substantial, meritorious claim to an equitable title. Obviously, the very purpose of summary proceedings in forcible entry and detainer cases is defeated if defendants can assert a claim to title which is unenforceable under the statute of frauds and have the allegation of such a claim result in prolonged delay and extended litigation, during which the…