Anderson

Mr. Chief Justice Murray concurred.

This is an action to recover possession of the half of a one hundredvara lot in San Francisco, claimed by the plaintiff as the heir of one Cameron Anderson, who it is averred entered into possession of the lot, claiming title by virtue of a grant from T. M. Leavenworth, Alcalde of San Francisco.

From the record, it appears that Cameron Anderson had possession of the, premises by his tenant, until his death, and that afterwards, it was held by one Elston, as tenant of plaintiff; that Dallam & Whit-comb, with full knowledge of the tenancy, purchased from Elston, and took a conveyance of his right, title and interest in the premises; that Dallam & Whitcomb went into possession under the purchase from Elston, and whilst in possession, sold and conveyed to Stephen Parker, who acted by Barney & Townsend; that at the time of the sale to Parker, Barney & Townsend, who acted for him, were fully informed of the circumstances under which Dallam & Whitcomb came into the possession of the lot.

*200 On the trial helow, the counsel for defendant seemed to have been allowed a very great latitude, in the introduction of evidence, and as a consequence, the…