Francis

Plaintiff appeals from an adverse judgment. By her pleading Mary F. Francis alleged that in the month of September, 1911, defendant had gone into possession of certain land in Kern County with her knowledge and acquiescence as her tenant at will; that on May 2,1912, she had served notice requiring the West Virginia Oil Company to vacate the premises, but that said corporation had refused to accede to her demand. She alleged her right to the possession of the land and prayed for its restitution.

Defendant admitted possession and refusal to surrender the land to plaintiff but denied the alleged tenancy at will.

At the trial it clearly appeared that the defendant had gone into possession after the execution of certain contracts of sale. The first of these contracts was made by Mrs. Francis and Mr. E. S. Good. The latter assigned all of his rights under this agreement to the West Virginia Oil Company and in January, 1912, a new writing was executed by plaintiff and that corporation ratifying the assignment and substituting the West Virginia Oil Company as vendee in Mr. Good’s place. This agreement called for the payment of stipulated sums at stated times, and the plaintiff in her…