Rouse

Appellant was the owner of approximately one hundred acres of farming land in San Diego County, California. He lived in Napa, California, and had not seen the land for twenty or more years prior to October, 1926. His son had occupied and farmed the land for a number of years prior to that date. The son had built a small house, barn and granary upon the property, which buildings belonged to him and were not fixtures. They were old, dilapidated and of small value in 1926. In the spring of that year appellant’s son moved his family off from the land to another farm so that, as he testified, he would be nearer a market and could make a living. He took the granary with him and used it as living quarters at his new place of abode and leased his father’s property to a third party. The son paid the taxes on the property, but did not pay his father any rent. The land had no water supply for irrigation purposes and was suitable for dry farming and grazing purposes only.

Respondent owned several farms in San Diego County, one adjoining the land of appellant. He saw young Rouse moving his family and the granary off his father’s land. The house, barn and fences were not moved, but remained on…