Kelsch v. Dickson

Burr, Ch. J.

This is an appeal from an order of the district court denying a writ of mandamus.

A controversy arose between the petitioner and Eobert Wiederien and wife relative to possession of a farm in Stark county. Petitioner commenced an action in the court of the respondent to recover possession of the real estate. According to the petition, the justice, on March 27, 1941, adjudged Wiederien and wife had no right, title, or interest in the real estate involved, and that petitioner was entitled to the immediate possession thereof. Judgment was entered, and Wiederien and wife appealed to the…