Azevedo

The action is for the possession of certain premises, consisting of a lot with two houses thereon in Pleasanton, for $1,000 damages for the unlawful holding of the same by defendant, for damages for the value of the use and occupancy thereof, and for a decree quieting the title of plaintiff to the property.

Defendant denies the ownership of plaintiff; admits the possession by defendant, but claims that his possession is that of an owner of the property, and denies plaintiff’s damage. Alleges that on or about November 1, 1922, he entered into an agreement of purchase for the property with Maria Josefa, plaintiff’s decedent, for $4,000; that he paid the money to decedent, then and at all times a resident of Portugal, said payment being made in Portugal; that on said date, or thereabouts, decedent executed an instrument purporting to convey to him said property, which until November 24, 1928, he believed to be a valid conveyance. That he remained in Portugal until August 2, 1927, and upon arriving in the United States he immediately entered into possession as owner, made valuable repairs on the property, and has paid taxes thereon; and alleges that by reason of the acts of decedent,…