Johnson v. Stancliff

The National Railway Building and Loan Association, claiming to be the owner in fee simple of a certain tract of land, instituted a summary proceeding to eject Johnson therefrom as an intruder. He met this proceeding with a counter-affidavit. Subsequently the plaintiff filed an equitable petition against Johnson, in. which, after setting forth the facts with-regard to the pending action, it was in substance alleged: (1) that Johnson was wholly insolvent and unable to respond to any judgment which might be obtained against him for the rent of the premises; (2) that he was committing waste by…