Blodgett

The action was sought to be maintained under the forcible detainer act. The complaint alleges plaintiff’s possession and right of possession of and to a certain eighty acre tract of land on the date stated and for a long time prior thereto, entry without right thereon by defendant and the subsequent withholding of possession from plaintiff, together with service of notice to vacate and surrender possession. The answer denied that plaintiff was in the lawful possession of the entire tract at the date stated, and denied the entry and withholding of possession without right. This answer was insufficient to raise an issue. (Doll v. Good, 38 Cal. 287 .) The plaintiff, however, without demurring, or in any other way raising the question of the insufficiency of the answer, proceeded to trial and introduced evidence obviously intended to support the allegations of the complaint, both as to plaintiff’s possession and the unlawful entry of defendant. This testimony was simply to the effect that on the land in dispute someone, in July of some year, had broken the brush from fifty acres of land, which was desert in its character; that the brush breaker was still upon the land when defendant…