Teich

This is an ordinary action for unlawful detainer. The complaint alleges the execution of a written lease for one year from August 1, 1904, for the monthly rental of $35, payable on the first of each month; that defendant entered into the occupation and possession of the premises; that on January 16, 1905, a demand in writing was made upon defendant to pay $175, the amount of rent unpaid, or surrender possession within three days; that defendant refused to do either, and the prayer is for the rent due and for damages. to the San Jose Safe Deposit Bank of Savings, and that thereupon said bank entered into possession and leased and hired the premises to defendant, and on or about the fifteenth day of August, defendant entered into possession as the tenant and lessee of said bank and has continued' as such and has paid to the bank all the rent due.

The answer sets up as a defense that on June 26, 1897, the property was sold to the state for delinquent taxes, and June 24, 1903, the deed was regularly made to the state; that thereafter, on August 6, 1904, the property was sold and conveyed

The judgment was for defendant. The plaintiff brings the appeal from the judgment and order…