Hays v. Clay

1. A warrant was sued out, under the Civil Code, §4813, to dispossess a tenant. The defendant filed an equitable petition, in behalf of herself and her minor children, against the plaintiff. In her petition she denied the tenancy, as well as plaintiff’s title to the premises in question. She alleged, that her husband died intestate, seized and possessed of the premises, leaving her and the children as his heirs at law; that there had béen no administration upon his estate; that prior to his death he became indebted to the defendant, and to secure the payment of the indebtedness delivered “his…