McFarland

Action in ejectment. The appeal is from the judgment and is brought up on the judgment-roll alone. •

The complaint is in the usual form in actions for the recovery of possession of real property. It alleges that the plaintiff for many years prior to the commencement of the action had been, and “he now is, the owner and entitled to the exclusive possession” of the premises in dispute, and' that the “defendants have been and now are in possession of said premises,” and “have wrongfully and unlawfully withheld, and do now wrongfully and unlawfully withhold, the possession of said premises, and the whole thereof, from plaintiff. ’ ’

A general demurrer to the complaint was overruled by the court, and properly so. The essential allegations necessary to an action in ejectment in form are the estate of plaintiff, possession by defendants at the commencement of the action and their wrongful withholding the same. (Haggin v. Kelly, 136 Cal. 483 , [ 69 Pac. 140 ] ; Hihn Co. v. Fleckner, 106 Cal. 97 , [ 39 Pac. 214 ] ; Hihn v. Mangenberg, 89 Cal. 268 , [ 26 Pac. 968 ] ; Rego v. Van Pelt, 65 Cal. 254 , [ 3 Pac. 867 ] ; Payne v. Treadwell, 16 Cal. 246 .)

No error was made by the court in its…