W. C. Walsh & Co. v. Taylor

Mb. Presiding Justice Holdom

delivered the opinion of the court.

This is an action for the use and occupation of a barn by appellant for the last eight months of the year 1905. Appellee was the lessee of the fee owner, and had, at the time appellant entered, withdrawn physically from possession of the barn. Appellant leased premises contiguous to and adjoining the bam, and finding the barn vacant moved into it and used, occupied and enjoyed the possession thereof during the months above mentioned. Appellant contends that as the relationship of landlord and tenant did not exist between him and…