Butler v. Bertrand

Complainant brought summary proceedings before a circuit court commissioner to recover possession of land. Defendant brings error to the circuit court, where said cause was tried upon appeal. The plea was “Not guilty;” that defendant owned the land in question, and that he had held undisputed possession of the same for more than 18 years before this proceeding was begun; and that the title to land cannot be tried in this form of action.

It is contended by defendant that the plea of title ousted the commissioner of jurisdiction, for the reason that title cannot be tried in summary proceedings.…