Wunsch v. Gretel

The sixteenth section of the first article of the act of 1845 concerning forcible entry and detainer, declares that “ the complainant shall not be compelled to make further proof of the forcible entry or detainer than that the defendant unlawfully entered into and detained the same.” The purpose of the statute is to prevent the intrusion of one person on the lawful possession of another without his consent, and to secure a peaceable possession from being changed without authority of law against the will of the occupant. This section of the act excludes the idea that force is a necessary…