James Clark McReynolds

“ The United States statutes have made no provision for determining conflicting rights under claim of possession, but the determination of these rights is left to the states to be regulated by state statutes. * * * Gauthier v. Morrison, 232 U.S. 452, 461 [34 Sup. Ct. 384, 58 L. Ed. 680] . * * * The question in this case was whether the respondent was in the peaceable and quiet possession of the real estate at the time of the forcible entry and unlawful detainer. ”

“ Who in the nighttime, or during the absence of the occupant of any real property [unlawfully] enters thereon, and who, after demand made for the surrender thereof, refuses for the period of three days to surrender the same to such former occupant. ”

“ Every person is guilty of a forcible detainer who either,--
'1. By force, or menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise ”