Declerk v. Spikes

This appeal challenges the correctness of a circuit court judgment declaring appellee to be the owner of certain real estate and awarding him possession and damages for detention.

W. E. Spikes filed an action of forcible entry, under chapter 71 of Pope’s Digest, against Adam Starr in June, 1940. The plaintiff claimed the ownership and right to immediate possession of the house and lot in Walnut Bidge involved in this litigation, and alleged that while the building was vacant and being repaired, the defendant, Starr, forcibly entered the building at night and retained possession after demand…