Rosin Coal Land Co. v. Martin

Miller, Judge:

In unlawful detainer by landlord against tenant,. begun before a justice and upon appeal by plaintiff, first to the intermediate court of Kanawha County, and then to the circuit court, the only defenses interposed by defendant were, first, that the title to the land sued for would come in question; second, that when he entered into the lease contract with plaintiff he was already in possession of the land ■and signed the same upon condition that if plaintiff did not have title to the land, and it proved to be a part of the *35Dryden land said lease was to be of no effect, and that…