Matthews

There are two appeals in this case presented in the same transcript—one an appeal from the judgment in the plaintiff’s favor; the other an appeal from an order made after final judgment denying the defendant’s application to be relieved from the forfeiture declared ■ by said judgment under, section 1179 of the Code of Civil Procedure.

The action was one in unlawful detainer after forfeiture of certain demised premises alleged to have arisen through the breach of certain covenants in the lease thereof by the plaintiff to certain lessees named Wood and Judge, assignors of the defendant. The lease in question was executed by said plaintiff to Wood and Judge on March 22, 1917, the property covered by said lease consisting of two separate ranches containing in the aggregate about nine thousand acres of land, known as the San Lorenzo ranch and the Bitterwater. ranch, and situate in the counties of San Benito and Monterey. About six hundred acres of the land of these ranches was tillable, the balance being grazing land. The plaintiff alleged that there were three certain covenants of this lease which had been broken by the predecessors of the defendant prior to the latter’s assignment…