Plummer

Action forunlawful detainer. Defendant failed to plead to the complaint, whereupon judgment by default was rendered in favor of plaintiffs for the recovery of possession of the real estate involved and damages in the sum of six hundred and fifty dollars for the detention of the same.

Defendant appeals from the judgment, as well as from an order denying his motion made after judgment to set aside the default.

The appeal from the judgment is based upon the claim that the complaint fails to state a cause of action. The complaint shows that on August 31, 1907, plaintiffs and several other persons owning the tract of land in question executed to defendant a lease thereof upon certain covenants and reservations of rent contained therein; that thereafter by two deeds, one of which was executed March 10, 1908, and the other August 3, 1909, plaintiffs acquired from their co-lessors title to the whole of the property; that defendant made default in the payment of an installment of rent which, under the terms of the lease, became due and payable on April 1, 1912; whereupon, on April 5, 1912, plaintiffs, pursuant to the provisions of section 1161 of the Code of Civil Procedure, caused to be…