Wilson v. Campbell

Citations

• 75 Kan. 159
• 88 P. 548
• 1907 Kan. LEXIS 29

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Forcible Entry and Detainer — Amendment of Complaint. A complaint in an action of forcible entry and detainer which alleges an “unlawful entry” may be properly amended so as to aver an “unlawful and forcible entry.”</p> <p>2. --- Dispossession Must Be by Due Course of Law. One in the peaceable possession of real property may not be turned out unlawfully or by force, even by an owner entitled to possession; it can only be done by due course of law.</p> <p>3. -Acts Sufficient to Constitute a Forcible Entry. A person was in the peaceable possession of a building which contained furniture and other goods. He locked the doors and temporarily left the premises for a few hours, and during his absence, and against his will, a number of men acting for the owner of the building invaded the premises, unlocked the doors, detached and removed the articles with which the building was furnished, carried them to and stored them in another building, and then forcibly maintained the possession so gained. Held, to be sufficient to constitute a forcible entry.</p>