McAllister v. Byrd

This is a forcible entry and detainer proceeding instituted by Byrd in a justice of the peace court to obtain possession from the McAllisters of a tract of 58 acres of land. Judgment was there rendered for Byrd for possession of the premises and $50.00 rent, or damages. The matter was heard by the circuit judge by agreement of the parties on appeal to that court. Judgment was there rendered for Byrd for possession and all costs. From that judgment this appeal is taken.

Byrd had sold the property to the McAllisters, who made a cash payment and executed to Byrd a promissory note for $5,100.00,…