As to possession, what is the plaintiffs burden in forcible entry and detainer cases?
In an action for forcible entry and detainer, the main issue is one of priority of possession. The legal right thereto is not essential to the possessor’s cause of action, for no one may take law into his own hands and forcibly eject another or deprive him of his possession by stealth, even if his title thereto were questionable or actually disputed in another case. If the plaintiff can prove prior physical possession in himself, he may recover such possession even from the owner, but on the other hand, if he cannot prove such prior physical possession, he has no right of action for forcible entry and detainer even if he should be the owner of the property.
