Smallwood v. Jones

This case arose upon an issue formed by an affidavit filed, in terms of the statute, to arrest the execution of a warrant 'to eject the affiant as an intruder. The house was a two-room tenement. The plaintiff submitted proof tending to show that her mother had been in undisturbed possession of the house for more than thirty years, claiming it as her own; and that since the death of her mother she had continued in possession as her sole heir at law. She was occupying one room of the house, and the defendant applied to rent the other room, but she refused to rent him the room. During her…