Patrick v. Cobb

This was a proceeding, under the Civil Code, § 4813 et seq., to eject a tenant. The defendant filed a counter-affidavit, and offered an amendment alleging that the plaintiff claimed title under a sheriff’s deed purporting to sell the defendant’s property, and that the same was void, and praying for a cancellation of the deed. This amendment was disallowed, and the defendant excepted pendente lite. The jury returned a verdict in favor of the plaintiff, and the defendant assigns error upon the refusal to allow the amendment to her counter-affidavit, and upon the refusal to grant her motion for…