188 Ga. 466 | Ga. | 1939
Home Owners Loan Corporation sued out a dispossessory warrant against Mary Jones as tenant under the plaintiff of certain premises, on account of failure to pay the rent. Emma Jones, her sister, as her next friend and as next friend of her mother, Mrs. C. A. Jones, filed a counter-affidavit in their behalf, in which she Set up that both her sister, Mary Jones, and her
Whatever may have been the rights of Mrs. C. A. Jones and her heirs in an equitable proceeding brought for the purpose of removing the clouds on her alleged title by canceling the security deed made by her and the deed executed in pursuance of the power of sale contained therein, so far as this proceeding is concerned it is a statutory dispossessory warrant by one claiming title and against its tenant, Mary Jones. This being true, in order for the tenant to stay the proceeding, she would have to show that the relation of landlord and tenant between her and the plaintiff did not exist, or that the rent claimed by the landlord was not due and owing, or that the lease or term of rental had not expired. Code, § 61-303. This the counter-affidavit does not do, but seeks to dispute the title
Judgment affirmed.