Morris

In 1923 the parties to this action constructed a division fence between their adjoining residence properties, of which they were in actual peaceable possession until and including January 21, 1925. On the date last mentioned four or five men employed by the appellant entered respondents’ premises and removed said fence, and in so doing broke and removed a portion- of a concrete walk, and cut off and removed part of a composition arch which formed a portion of respondents’ house. Although disputed by the parties, it was alleged by the plaintiffs, and the trial court found, that in rebuilding the fence the defendant deprived plaintiffs of a portion of their property. This proceeding was thereafter instituted against the defendant under subdivision 1 of section 1159 and subdivision 1 of section 1160 of the Code of Civil Procedure, alleging forcible entry and forcible detainer. Judgment was rendered in favor of the plaintiffs, and the defendant appeals.

The portion of said sections relied upon by the plaintiffs provide, respectively, that:

Appellant insists that the evidence presented did not justify a finding of forcible entry, or forcible detainer.

The findings of the trial court…