CARMODY, Justice.
This is an appeal from an order dismissing plaintiff's action in forcible entry and detainer.
The order of the district court dismissed the case upon the ground that it was premature and that the court was without jurisdiction to hear the same. The only real question involved is who is entitled to the possession of a parcel of real estate, the executor of the estate or the legatee (the widow), when there is litigation pending between the...
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