Heaton v. Fulton National Bank

This was a proceeding to remove a tenant, under sections 5385 et seq. of the Civil Code (1910). The trial resulted in a verdict for the plaintiff. The defendant’s motion for a new trial was overruled, and he excepted.

Where, in consideration of the withdrawal of certain pleas interposed to proceedings brought against the defendant by the plaintiff, the plaintiff agreed orally with the defendant that he could *774occupy a house of the former, which had been, taken over by the plaintiff from the defendant under said agreement, until certain other property was sold by the plaintiff, the defendant to…