New York-Kentucky Oil & Gas Co. v. Miller

Opinion op the Court by

Judge iClarke

Affirming.

This is an appeal by the defendants from the verdict and judgment of the circuit court, upon a traverse from the verdict of the quarterly court, convicting them of a forcible entry upon about fifteen acres of land, of which the plaintiffs, now appellees,. had possession.

To sustain their charge it was necessary for plaintiffs to prove actual possession of the fifteen acres of land involved when defendants made the entry upon same without their consent. Civil Code, section 452. The defendants contend upon this appeal that the plaintiffs failed to…