Noble

This is an appeal from a judgment in favor of plaintiff, rendered in an action of forcible entry and detainer.

The premises, the possession of which is involved in the controversy, consist of a certain lot or tract of land and the dwelling-house thereon, of which, in accordance with the allegations of the complaint, the court found plaintiff was on June 18th in the quiet and peaceable possession, and that on said date defendant, with force and violence, entered said premises by breaking open the doors to said dwelling-house and threw plaintiff’s goods, clothing, and provisions into the street, and, as a conclusion of law, found that plaintiff was entitled to damages in the sum of $61.60, which was trebled, and the restitution of possession of the whole of the premises described in the complaint.

Without regard to other alleged errors, the judgment must be reversed, for the reason that these findings are wholly without support of evidence.

[1] It appears without controversy that on March 3d defendant, as owner of the property, which was then unoc eupied, together with plaintiff and J. H. Howell, moved into and took possession thereof under an agreement that they would occupy the…