Morris

This is an appeal by the plaintiff "from a judgment entered upon an order sustaining a demurrer to the complaint.

The complaint, which is verified, alleges that the defendant, W. A. Iden, and one G. S. Mattos, on the eleventh day of July, 1912, at the county of Tulare, state of California, entered into the following agreement:

In accordance with the terms of the foregoing agreement, so the complaint continues, said Mattos entered upon and took possession of the northeast quarter of section seven, in township twenty-one south, of range twenty-three east, M. D. M., and also took possession of all the personal property on said land, comprising the livestock and implements and equipments connected with and essential to the carrying on of the dairy business mentioned in said agreement.

The complaint further alleges that, on the nineteenth day of July, 1912, said Mattos “sold, assigned and transferred, to plaintiff herein all his right, title and interest in and to said lease, and the real and personal property therein and herein-before described, and that ever since said last-named date said plaintiff has been and now is in the possession of the whole of said real and personal…