Gosliner

The judgment of twenty-five hundred dollars as damages for the destruction of a certain dwelling-house and windmill belonging to the plaintiff having heretofore been reversed because of the erroneous ruling of the trial court refusing to permit the defendants to show in evidence, in diminution of damages, that it would have cost the plaintiff the sum of one thousand dollars to move the said buildings from the land upon which they were situated; and the plaintiff having, on the twentieth day of September, 1921, filed with his petition for a modification of the judgment a remission of the said sum of one thousand dollars, and an agreement that the judgment be modified by striking therefrom the sum of one thousand dollars, and as so modified stand affirmed, it is, therefore, ordered that the judgment of the superior court be modified by striking therefrom the sum of one thousand dollars, and as so modified that it stand affirmed, the plaintiff, however, to have his costs on appeal. Lennon, J., Waste, J., Shurtleff, J., Shaw, C. J., Sloane, J., Lawlor, J., and Wilbur, J., concurred. *Page 566

Plaintiff Edward S. Gosliner instituted the present action against defendants Frank Briones, William Latter, and Belle Latter for the purpose of recovering damages for the destruction of a certain dwelling-house and windmill alleged to have belonged to said plaintiff. Judgment was rendered in favor of plaintiff in the sum of twenty-five hundred dollars, the reasonable value of the demolished structures, and defendants appeal, relying upon a record consisting of the judgment-roll and a bill of exceptions. [1] Since the bill of exceptions contains nothing which even purports to specify wherein the evidence fails to sustain any of the findings, the contention that the findings are not supported by the evidence cannot be considered. ( Carter v. Canty, 181 Cal. 749 , 752, [ 186 P. 346 ].) Summarizing the findings, then, we have the following facts before us on this appeal: In the year 1860 Charles A. Lauff sold to Pablo Briones an acre of land in Marin County, California, the deed being recorded at the time of the sale. Upon the death of Pablo Briones this land passed to his wife, Rafaela Briones, who, on January 25, 1915, deeded it to her son-in-law, defendant William Latter. In 1862,…