Hayden

This action was brought to recover the possession of certain real property in the city of Stockton. The complaint was filed May 23, 1903, and the following facts are therein aptly and sufficiently stated; 1. The due appointment and qualification of the guardian; 2. That the action was brought in behalf of the incompetent; 3. “That said Sarah C. Hayden is, and was at all times herein mentioned, the owner, and is now entitled to the possession of the premises”; 4. That on September 24, 1901, defendant “became a tenant at will of said premises,” and “that he was at all times herein mentioned, and now is in possession thereof”; 5. That on April 2, 1903, said defendant was served with a notice in writing, signed by said incompetent, by her said guardian, requiring said defendant to quit said premises, and to deliver up possession of the same on or before May 3, Í903; 6. That on May 19, 1903, defendant was served with a similar notice, requiring him to quit and deliver up possession of said premises within three days after such notice; 7. “That said defendant has refused and neglected and still refuses and neglects to quit said premises, and still occupies the same”; 8. That the monthly…