Frazier

Heydenfeldt, J., concurred.

This was an action brought by the respondents against the appellants before a Justice of the Peace in and for the County of San Francisco, charging the defendant with making “forcible and unlawful entry upon, and unlawfully and forcibly detaining’’ fifty-vara lot, No. 809, in the city of San Francisco.

It appears by the record, that the respondents claimed the lot in question, and fenced the same in, and that the lot remained in that condition without further improvements for some time afterwards; that *157 subsequently one Gauley, iu a peaceable manner, entered, and erected a division fence upon the lot, without interference from any one, and that the same was standing for two weeks afterwards; that subsequently, Hanlon went upon the portion of the lot fenced off by Gauley, in a quiet and peaceable manner, without violence, threats, or multitude of men, and having quiet possession of that portion of the lot, proceeded to erect a dwelling house upon the same. Before the completion of his dwelling, one Ewing, an agent of the plaintiffs below, called upon Hanlon, and “ told him that they would have to send some men to move the house,” and that Hanlon…