Roberts

The action was for damages for the removal of a certain building from the lands of plaintiff situ ated in the town of Coalinga, in the county of Fresno, and defendant had judgment for his costs, from which judgment the appeal has been taken.

Of the undisputed facts we may recite the following: On May 31, 1905, plaintiff and one M. S. Gibson were the equal owners of lots 17 and 18, block 29, of said town, said Gibson being in the sole possession and control of said lots, occupying a part of the same with a building, in which he was conducting a saloon, the rear end of the lots being vacant, the plaintiff residing elsewhere. On said date said Gibson made and executed a lease for the rear twenty-five feet of said lots to one I. Salhinger, for a term of five years, at a monthly rental of fifteen dollars, payable on the first day of each month. This lease was signed by Gibson in person and as an attorney in fact for M. L. Williams, who is now Maggie L. Roberts, the plaintiff herein. Said lease was properly acknowledged and thereafter recorded in the county recorder’s office. The building in question was subsequently constructed on said rear portion of said lots. There was no removal…