Takeba

This is an original application for a writ of prohibition. The petition alleges as follows:

It was then alleged in the complaint that defendant entered into possession of the land and was in possession thereof at the time of the commencement of the action. “That on the second day of May, 1919, said Laura M. Eagan sold and conveyed said above-described real property to the plaintiff herein, and so notified said defendant in writing” on said day; that the plaintiff was not willing to abide by the terms of said lease, as provided in the portion of the lease above quoted, and that, on the second day of May, 1919, plaintiff and Laura M. Eagan tendered defendant the sum of one thousand dollars “for and as reasonable compensation for the labor of said defendant performed on said premises during the term of said lease,” which tender defendant refused 1o accept; that, on the 3d of June, 1919, plaintiff notified defendant in writing of the appointment of an arbitrator and demanded that defendant appoint another, for the purpose c>f fixing the amount of compensation to be paid defendant for his labor, which defendant neglected and refused to do; and that, on said last-mentioned date,…