Bekins

Plaintiff brought this action to recover possession of certain real property described in the complaint, alleging that the defendant unlawfully detained the same. In the complaint it was alleged that under the lease or agreement made between the parties the defendant occupied the relation of tenant at will toward the plaintiff. It was further alleged that the requisite notices required by the code had been given to terminate the tenancy. The answer -filed by the defendant put in issue all of the material matters alleged in the complaint. Findings and judgment were in favor of the plaintiff, from which judgment this appeal is taken.

The principal question presented is as to whether under the evidence submitted by the plaintiff, the relation of landlord and tenant was shown to have existed between the plaintiff and the appellant; .or whether under such testimony it should necessarily be concluded that the appellant held a life interest in the real property, subject to be terminated only in certain contingencies. That the establishment of the relation of landlord and tenant between the parties is a necessary prerequisite to the prosecution of an action for the unlawful detainer of…