Clark v. McGinley

1. Although the affidavit of an executor and the warrant to-remove a tenant at sufferance who holds over after demand allege an offer to rent to him at a certain monthly-rate and his refusal to enter into a contract of rental, and his failure and refusal to pay any rent, the legal ground of the warrant is not the non-payment of rent, hut the retention of possession'by a tenant at sufferance after demand; and a counter-affidavit attempting to set up alleged claims against the executor’s testatrix is no defense to the proceeding. Mothershead v. DeGive 82 Ga. 193 (8 S. E. 62). All of the cases…