Armstrong

This is an action in ejectment. The defendants were awarded judgment, from which, on a bill of exceptions, this appeal is prosecuted.

It is not disputed that the defendants held possession of and occupied the land in controversy under a verbal lease from plaintiff, from year to year, from the first day of January, 1905, to the first day of January, 1909; but plaintiff claims that the lease terminated and was not renewed on the expiration of the year ending January 1, 1909, and charges in his complaint that defendants nevertheless continued in possession of the premises after the last-mentioned date against his wish and consent and without right, and have refused to turn over or deliver to him the possession of said premises.

The principal question submitted on this appeal is whether or not the finding that the plaintiff, following the customary manner in which he had theretofore leased the premises to defendants, on the third day of February, 1909, by verbal agreement, leased to the latter said premises for the year ending January 1, 1910. The plaintiff testified, in part, as follows: “I had a talk with Mr. Garate in November, 1908, at my house, myself and Mr. Garate being the…