Donald v. Keith

SIMPSON, Justice.

This is a suit on the common counts for money had and received and for use and occupation of land. From an adverse judgment plaintiff brings this appeal.

Ouida S. Donald, the plaintiff, had leased certain premises to one Barbara Matthews. After a dispute had arisen, the plaintiff brought an action of unlawful detainer against Matthews to recover possession of the property and the rent owing. In September, 1953 'the appellant recovered a judgment against Matthews for the possession of the property and the rent then owing. From this judgment Matthews took an appeal to this…