Stewart

This is an appeal from a judgment in favor of the plaintiffs in an action for possession of real estate. The complaint is in the usual form of an action for ejectment, the plaintiffs alleging that on July 1, 1920, and at all times thereafter they were the owners and entitled to the premises described therein; that on July 3, 1920, the defendant unlawfully and without right or title so to do entered into and upon said premises and ousted said plaintiff therefrom, and thereafter and without right has withheld and still withholds the possession of said -premises from said plaintiffs to their damage, etc. The prayer is for the restitution of said premises with damages for the withholding thereof and for the rents, issues, and profits thereof. The answer of the defendant admits that on the first day of July, 1920, the plaintiffs were the owners of the premises in question, but denies that they were then or thereafter entitled to the possession thereof, and further denies any unlawful ouster of the said plaintiffs from the said premises or any damages as the result thereof. And for a further answer the defendant alleges that he is in possession of the premises by virtue of a certain…