Bowen

In this action of forcible entry and detainer, the plaintiff appeals from a judgment entered in favor of the defendant.

The complaint alleged that on the twenty-third day of November, 1912, and for more than four years previous thereto, plaintiff was in the peaceable and actual possession and entitled to the possession of the real property described in the complaint; that on the twenty-third day of November, 1912, during the absence of the plaintiff therefrom, the defendant unlawfully entered upon said land and took possession of the same. On these allegations the court made its findings in favor of the defendant. The evidence is not sufficient to support these findings, but, on the contrary, without conflict, sustains the allegations in the complaint.

[1] The complaint next alleged that on the evening of the twenty-third day of November, 1912, plaintiff made a demand in writing upon the defendant to deliver up to plaintiff the possession of said premises, but the defendant refused and still refuses after a period of five days to surrender possession, etc. The evidence shows, and the court found, that the notice was served as stated. But the court found that “thereupon, pursuant…