Cameron

Plaintiff appeals from an order denying his motion for a new trial.

This is the second appeal in this case, the first having been decided by the district court of appeal of the second district (Cameron v. Ah Quong, 8 Cal. App. 310 , [ 96 Pac. 1025 ].) The issues as originally framed and the judgment given are thus set out in the opinion of the district court of appeal:

The original judgment was reversed solely because the intervener failed to allege possession of the property which was the subject of the litigation.

When the cause went to the superior court for another trial the intervener filed his third amended complaint in intervention, in which it was alleged that with the consent of the mortgagors, the intervener, more than five years prior to the commencement of this action, entered into and continuously has since held possession of the land in dispute; that he has cultivated it; and that he has paid, satisfied, and discharged all taxes upon it. His pleading contains the further averment that he held the property under an agreement with the mortgagors that his possession should remain undisturbed until the payment and satisfaction of the mortgages, and that if the said…