Munro

Plaintiffs sued in ejectment to recover possession of certain real property situated in the city of Berkeley, county of Alameda. The complaint was in the ordinary form, alleging that the plaintiffs were the owners by title, in fee simple absolute; that, on or about July 22, 1919, the defendants wrongfully and without right entered into the possession and occupancy of said premises and excluded plaintiffs therefrom; and that the value of the use and occupation thereof was seventy-five dollars a month. Prayer followed that plaintiffs be put in possession and that they recover the value of the use and occupation from the date of the ouster.

Defendants answered jointly denying the allegations of the complaint, and, in a separate answer, alleged that defendant George Biaggi purchased the property from the state at a public tax sale held on July 10, 1919; that the sale followed -the failure to pay the taxes assessed thereon for the year 1913; that on July 17, 1919, he obtained a deed thereto from the tax collector and ever since has been the owner in fee simple and in the possession of the premises; and that plaintiffs claim some interest or estate therein adverse to said defendant.…