Potts v. Magnes

In January, 1886, appellant Potts took possession of the premises in controversy and has since occupied the same. On March 25th following, appellee Magnes brought this action for a forcible entry and unlawful detainer. Magnes relied upon alleged possession, supported by a tax title at the .time of Potts’ entry. Potts defended both his entry and his possession, as tenant under a lease from one Wall. The cause being tried to the court without a jury, judgment was entered in favor of Magnes.

In actions of forcible entry and detainer, the gist of the controversy depends upon possession. Two…