Voigt v. Avery

This was an action of forcible entry and detainer. The plaintiff had a verdict and judgment in the circuit court. The points upon which the appellant relies are : —

1. That the complaint does not state a good cause of action. The complaint is well drawn.

2. That the evidence offered by the plaintiff tended to prove an unlawful detainer, but not a forcible detainer. This is not so. The evidence is, that the plaintiff recovered the premises in an action of ejectment, and was put in possession, through his agent, by the sheriff, under a writ of restitution. A few days afterwards the defendant…