Sayles v. Murphy

This is a summary proceeding to recover the possession of lands, commenced before a circuit court commissioner, where plaintiff recovered judgment. Upon removal of the case to the circuit court a verdict was directed in favor of the plaintiff and a judgment duly entered. The case is brought here by writ of error.

We quote from the brief of counsel for the appellant:

“The questions involved relate chiefly to the error of the trial court in allowing conflicting claims of title to be litigated and determined in summary proceedings, when'the plaintiff’s sole and appropriate remedy, if any, was…