4 Indian Terr. 331 | Ct. App. Ind. Terr. | 1902
This case now stands for rehearing allowed by the court of appeals on motion of appellants. The decision in this case was filed October 5,1901, and reported in 3 Ind. Ter. Rep. 536 (64 S. W. 528). The opinion in that case states the facts. After examination of said opinion and the additional briefs, citing authorities, and argument of counsel, we are unable to see how the opinion upon the facts as stated, provided the law had been complied with in reference to pleadings and formal statements, could be otherwise than as there decided; but there are certain additional matters now urged to our attention which will require consideration by this court, and upon which we may arrive at a different conclusion from that heretofore reached. This was an action of forcible entry and detainer. The plaintiffs state the relation of landlord and tenant in their complaint, the expiration of the term, the demand for the premises, and refusal of defendants to surrender the same. Defendants answer, and claim that they are the successors of the original lessees, and set out the contract of the original lessees, and that they have a right to the premises involved upon payment or tender of payment to plaintiffs in the sum of $100 per annum so long as the land tenures existing in the Chickasaw Nation should remain the same as they were at the date of the contract, to wit, October 20, 1894, but without setting forth the law of the Chickasaw Nation as to land tenures. A demurrer was interposed by plaintiffs to this answer, and in part sustained. For reasons hereinafter stated, it will be unnecessary to consider that demurrer further than to say that the action of the court in sustaining the demurrer to certain parts of defendants’ answer seems to have been well taken. The plaintiffs thereafter filed a reply in said cause, which reply practically interposed the charge of fraud
In the previous presentation of the matter to the court, while this question was presented in a general way, the court’s attention is now specifically directed for the first time to the statute in actions of this kind. An action of forcible entry and detainer, as in this case, must be founded upon Mansf. Dig. § 3348 (Ind. Ter. St. 1899, § 2282), which statute is as follows: “When any person shall willfully and with force hold over any lands, tenements or other ¡Possessions after the determination of the time for which they were demised or let to him, or shall lawfully and peaceably obtain possession, but shall hold the
Reversed and remanded.