Martel v. Meehan

McKinstry, J. The action was brought under the chapter of the Code of Civil Procedure which treats of summary proceedings for obtaining possession of real property.

The complaint alleges that on or about the 30th of May, 1879, plaintiff, by a written agreement and lease, leased, demised, and let to "William Meehan, now deceased, certain premises (described) in the city and county of San Francisco: “To have and to hold said premises to the said William Meehan, now deceased, at the monthly rent of two hundred dollars, payable monthly in advance on the 10th day of each and every month thereafter in advance, in gold coin of the United States.” That on the 27th day of September, 1879, William Meehan died testate. That his will was duly probated, and letters testamentary on his will were duly issued to said James Meehan on the 13th of February, 1880, who, on that day, duly qualified and still is executor of the estate. That James Meehan, “ executor as aforesaid,” is plaintiff’s tenant of the premises, and defendant, Jacob L. Solomon, is a sub-tenant therein, and occupies a portion thereof.

That by virtue of said agreement and lease William Meehan, now deceased, entered into the possession and occupation of said demised premises j and said James Meehan, executor of the estate of the said William Meehan, deceased, continues to hold the same as tenant of said plaintiff; and said Jacob L. Solomon continues to hold as a sub-tenant of said James Meehan, executor as aforesaid, and is in occupation of a portion of said premises. That, pursuant to the terms of said agreement and lease, there became due on the 10th day of February, 1880, from said [49]defendant James Meehan, the executor of the estate of said William Meehan, deceased, to said plaintiff for rent of said premises, the sum of nine hundred and fifty dollars, gold coin (being aggregate of rents due from October 10, 1879, to Feburary 10, 1880).

That on the 17th day of February, 1880, notice and demand in writing was duly given and made by said plaintiff to said defendants, and for and requiring the payment of said rent then due, amounting to the said sum of nine hundred and fifty dollars, or the possession of said demised property, but said defendants neglected and refused for the space of three days after notice and demand so given and made, and still neglect and réfuse to pay said rent or surrender possession. That James Meehan, executor as aforesaid, unlawfully holds over, etc., by reason whereof plaintiff has sustained damages in the sum of nine hundred and fifty dollars, etc.