Farris

From a judgment in favor of the plaintiff in an action for forcible entry and unlawful detainer the defendant has appealed.

In his first point the defendant claims the evidence was insufficient to sustain the findings, that the entering of the defendant and his holding were forcibly done. The property involved is a lot in Berkeley on which is located the Caledonia Apartments. The building contains many apartments. A former owner had obtained a loan on the property from Pacific States Savings and Loan Society and had executed a deed of trust to secure that loan. The trust deed named the plaintiff as trustee. Payments on the loan were in default and a notice of sale had been given. On September 12, 1930, B. N. Vernon was on the premises claiming to act as manager under and by virtue of a contract of employment at first for the former owner and later for the trustee named in the deed of trust. Mr. Vernon and his wife occupied one apartment and managed the house. On the date last mentioned the defendant took two other men, Mr. Diebert and Mr. Engleman, and all three went to the Caledonia at about 3:30 P. M. On arriving there the defendant exhibited a deed to the premises and asked…