Dutcher

Action of forcible -detainer. Judgment for plaintiff. Defendant moved for a new trial, and from an order denying his motion, prosecutes this appeal.

The action grows out of the following facts: The land, consisting of one hundred and sixty acres in Imperial County, was, in 1903, unoccupied government land. In February of said year, one Johnson made a desert-land entry thereon, and in July, 1905, made final proof of occupation and reclamation thereof. In June of said year she assigned and transferred her title and interest therein to plaintiff, who, on June 28,1907, after doing considerable work in improving the same, leased it to one Williams, at an annual rental of four dollars per acre, for a term of three years, and he in turn sublet to other tenants, who cropped the same or a portion thereof. In January, 1908, defendant Sanders attacked the entry of Johnson and that of plaintiff, as her assignee, by filing in the United States land office at Los Angeles a contest based upon alleged fraud in the making of the entry. Upon trial this contest was decided against plaintiff, and defendant Sanders was awarded the preferential right of entry upon the land, which decision was, upon…