Fife

Plaintiff sues in ejectment, alleging that on July 10, 1914, while he was in láwful and peaceable possession of certain described city lots, claiming title thereto in fee, he was ousted therefrom by defendant, who, without right or title and by force, entered into possession of the same, which he withholds from plaintiff, all of which allegations are denied by the defendant, who in his answer alleges ownership of the property in himself.

The case was tried by a jury, which, as directed by .the court, brought in a verdict for defendant, upon which judgment was entered and from which plaintiff appeals.

Plaintiff’s claim to the property was based wholly upon the naked possession thereof, and defendant’s right thereto was founded upon a tax deed from the state of California, which the court, over plaintiff’s objection to its competency, admitted in evidence. The court’s ruling in so receiving the deed in evidence is the chief, and, indeed, the only error relied upon by plaintiff for a reversal of the judgment.

It is unnecessary to pass upon the alleged error of the court in so ruling, since, as we view the case, the record fails to show that plaintiff was ever at any time in…