Preston v. Davis

Plaintiff sued defendant in forcible detainer for the possession of ten acres of land. At the trial a jury was empaneled, but after the evidence was heard, by agreement of the parties, the jury was discharged and the cause submitted to the court “ upon the evidence and testimony in the- record, for decision and judgment.” The court found the issues for plaintiff and rendered judgment that he “ have and recover of the defendant, Bobert Preston, possession of the premises described in the complaint herein, to-wit: Lots numbered thirty-three (33) and thirty-four (34) in section twenty-six (26)…