Moffitt

These appeals, though presented by separate transcripts, are in the same case, the one being from the judgment, the other from an order denying the defendant’s motion for a new trial-. The former will be first considered.

The suit was brought to recover the passession of the land, known as the Robinson Ranch, described in the complaint; of which, it is alleged, “the said estate has been [at the times mentioned in the complaint], and now is, the owner,” and that the defendant unlawfully detains and withholds the same from the plaintiff. The answer admits the withholding, but denies that since the first day of April, 1898, the estate has owned, or that it now owns, the land in question. The findings of the court are, that the estate is now, and at the times mentioned in the complaint was, and that plaintiff at such times was, and now is, “upon the conditions hereinafter' expressed, entitled to the possession of” the. property in question; and, in effect, that the defendant was in possession under a contract of sale, executed to him by the plaintiff as executrix, but not authorized or ratified by the probate court; and that he had made improvements on the land, of the value of…