Tolleson v. Anderson

GIBSON, V. C. J.

This is an action in forcible entry and detainer. Verdict and judgment on trial de novo in district court were against defendant, and he appeals.

In answer to plaintiff’s allegation that defendant went upon the premises against his expressed will and remained there without his > consent, defendant asserted that he entered and remained in possession by consent of plaintiff, and was a tenant at will; that the tenancy had not been terminated by the required statutory notice (41 O. S. 1941 § 4), leaving the court, so he says, without power to oust him.

The above issue of fact was…