Kerr

Action in ejectment. The case was tried before a jury which rendered a verdict for plaintiff. Judgment followed. Defendants moved for a new trial, in support of which they offered a statement of the case. The motion was denied, and this appeal is from the order denying the same.

The land, one hundred and sixty acres in area, is situated in Imperial County. The complaint, filed April 12, 1909, alleged that on January 28, 1907, plaintiff was seized in fee of “that certain 160 acres of land, . . . embraced in Desert Land Entry No. 3024 and in said Desert Land Entry described as the SE % of section 3, township 15 south, range 14 east; also known as the SE of section 36, township 14 south, range 14 east, S. B. M., according to the Imperial survey ; and also described as Tract No. 37 in township 14 south, range 14 east, S. B. M., according to the resurvey of said, township authorized by act of Congress July 1st, 1902 ’ ’; that defendants, without right or title, entered into possession and ousted and ejected plaintiff therefrom, and unlawfully withhold possession thereof to her damage in the sum of five hundred dollars; that the rents, issues and profits for the time that plaintiff was…