Welch

This is an action in ejectment. The complaint alleges plaintiff’s ownership and right to possession of the land in question, and that defendants were wrongfully in possession and withholding it from plaintiff. The answer of the defendants denies plaintiff’s claim of ownership or right of possession, and alleges that defendants are in the rightful possession. The findings support the allegations of the complaint, and judgment was for plaintiff. Defendants appeal on the judgment-roll and a bill of exceptions.

While the bill of exceptions contains a statement to the effect that all the evidence introduced on the trial is set forth therein, it affirmatively appears on the face of the bill that it does not contain all of the evidence. So far as the evidence on plaintiff’s part is concerned, the bill of exceptions is as follows: ' '

If defendants had rested their case at this point we would be justified in reversing the judgment.

[1] It is true, as* respondent urges, that this bill of exceptions contains no specification of insufficiency of the evidence to sustain the findings and judgment, as is required by section 648 of the Code of Civil Procedure and numerous decisions of the…