FERGUSON v. DISTRICT COURT OF OKLAHOMA COUNTY

No. 49064.

544 P.2d 498 (1975)

Ronald G. FERGUSON, Petitioner, v. DISTRICT COURT OF OKLAHOMA COUNTY, and Honorable A.L. Rakestraw, Judge of Said Court, Respondent.

Supreme Court of Oklahoma.

December 16, 1975.


Attorney(s) appearing for the Case

David Eldridge and David Pardue, Oklahoma City, for petitioner.

Edward Goldman, Oklahoma City, for respondent.


HODGES, Vice Chief Justice.

The question presented is whether a tenant in possession under a purported lease, who is not holding over, may be deprived of possession of the premises through an action in forcible entry and detainer, before a special judge of the district court. Petitioner asserts that the action must be tried in ejectment. We agree.

An action was filed for the foreclosure of an office building. When the action was commenced, the title holder...

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