Hyde v. Isbell

SIMPSON, Justice.

Proceeding in the nature of unlawful detainer under Title 31, § 35 et seq., Code 1940, to oust defendant from possession of' land after the expiration of his tenancy.

The case was first heard before the justice of the peace and from an adverse judgment there defendant appealed to the circuit court, where the proceedings were transacted de novo. The circuit court again rendered judgment against the defendant and in favor of the plaintiff for possession of' the property and defendant has appealed to • this court.

The evidence on the issue of unlawfully withholding possession of…