Smith v. Dedman

OPINION of the Court, by

Judge Owsiey.

-Ded-man according- to the act of 1809 regulating proceed-mgs in cases oí iorciblc entries or detainers, sued out from a justice of the peace a Warrant for a forcible entry ant^ drainer against Smith and Ferguson. The jury on the inquest found Smith, &c. guilty of the forcible en-try and detainer; and they by a traverse brought the ca,fse before the Montgomery circuit court,

Dedman, after joining issue to the traverse, upon motion obtained an order of the court discharging the traverse, and also a judgment of restitution. From which judgment Smith and…