Dunker

Action to restrain defendant from trespassing upon certain land. Plaintiff had judgment, from which and from the order denying its motion for a new trial, defendant appeals.

The complaint avers: That on and prior to February 2, 1903, one McMaster was the owner of the land in question and that on said day plaintiff and MeMaster entered into a lease whereby the latter leased the said land to plaintiff for the term of five years from November 1, 1904, “for hunting purposes only”; that plaintiff entered into possession of said land on November 1, 1904, and still is in possession, “and has, under said lease, the right of possession of same”; that on April 4, 1903, McMaster conveyed the land to one Goosen, subject to and with notice of said lease, and that on that day McMaster assigned to Goosen “all his rights and privileges under said lease”; that during the term of said lease defendant, “its servants, agents and employees at various times and on numerous occasions have interfered with plaintiff’s quiet and peaceable possession and enjoyment of said leased land and has attempted and threatened to further interfere with plaintiff’s quiet and peaceable possession and enjoyment of said…