Blue v. Sayre

This is a traverse of an inquistion on a warrant for a forcible entry and detainer; on the trial of which, in the circuit court, the only material question was, whether the plaintiff in the warrant, who was traversee in that court, had an actual possession of the premises at the time of the entry'by the defendants, who are now plaintiffs in error.

Without intending to intimate any opinion as to the true import and effect of the proofs, we are of the opinion, that the circuit court erred in instructing the jury that, if Hukill, who had entered as the tenant of the plaintiffs in error, had…