Kaiser

Petitioner seeks the writ of mandate directing respondent to make an order staying execution on a judgment against petitioner in a certain action wherein petitioner is defendant and Henry T. Higginbotham, as administrator of the estate of Mary G-. Davis, deceased, is plaintiff.

It appears from the petition that the property involved is known as the Valley Springs Hotel and its equipment, situated in the town of Valley Springs, Calaveras County, belonging to the estate of said Mary G-. Davis, deceased; that, in the said action of said administrator against said Kaiser, it was alleged that defendant therein was, on and prior to April 10, 1914, in possession of said property as tenant at will of-said administrator; that, on said April 10, 1914, plaintiff, said administrator, terminated said tenancy by giving written notice to said defendant, to remove from said premises and deliver said property to plaintiff within the period of thirty days specified in said notice, said notice having been duly served as prescribed in section 1162 of the Code of Civil Procedure; that all right of tenancy or claim of occupancy was thereby terminated on May 10, 1914; that said defendant did not,…