Hedden

JThe plaintiffs, husband and wife, brought this action for possession. It was labeled an action for forcible entry and detainer, but is referred to in the briefs as ejectment. It was tried by stipulation at the same time and upon the same evidence as case No. 6129, Waldeck v. Hedden et al., ante, p. 485 [ 265 Pac. 340 ], a specific performance case between the same parties. Separate findings and judgment for the defendant were made and entered.

No separate briefs are filed for this case. It is submitted upon the briefs in case No. 6129, supra. The briefs in that case make scant reference to this one. The only evidence printed is that printed by appellant in case No. 6129. The pleadings of this case are not printed in the briefs, although the record is brought here under the alternative method of appeal provided by Code of Civil Procedure, section 953a. The briefs in referring to this case call it an action in ejectment. The clerk’s typewritten transcript shows that the complaint in the first cause of action alleges that on July 27, 1922, while plaintiffs were in peaceable possession of the north one-half of lot 105 and all of lot 106, Shoreline Villa Tract on Branner Avenue, “the…