Appeal from the Sixth District.

Replevin for a lot of barley and hay, raised and cut by defendant on land bought by him of one Treadway. Plaintiff claimed under a mortgage, executed to him by J. O. Sherwood and wife, of “ a farm known as Gold Spring Ranch, lying and being in Sacramento county, State of California, recorded by the said J. 0. Sherwood in book ‘A’ of preemption claims for said county, the boundaries of which are particularly described in said record, and containing one hundred and sixty acres.” Plaintiff foreclosed this mortgage, bid in the land, and received the Sheriff’s deed.

Sherwood and Treadway were partners, and took up, respectively, under our Possessory Act, two adjoining tracts of one hundred and sixty acres each. The house, barn, etc., were built on the Treadway tract, no improvements being made on the Sherwood claim. The preemption claim of Sherwood was recorded in book “ B,” instead of book “ A,” as recited in the mortgage. The barley and hay were raised and cut by Treadway on the tract taken up by him. Plaintiff claimed that the term “ Gold Spring Ranch ” meant the whole three hundred and twenty acres, and introduced evidence to show that fact; and offered also to show that when he took the mortgage from Sherwood, Treadway told plaintiff, he (Treadway) had no interest in the land— that it belonged to Sherwood, and that defendant knew of this when he purchased of Treadway. This last evidence was ruled out. Defendant offered in evidence a deed from Treadway to him of the land on which the crops grew; to which plaintiff objected, on the grounds: First, that Treadway had not shown that he ever complied with the Possessory Act of this State, so as to give him any title to convey; Second, that if he had any interest, it was only as partner, and he abandoned it; Third, that the deed was made to E. F. Henry, and not to defendant. Overruled and exceptions. Plaintiff claimed to be the owner of the grain and hay, because of his alleged ownership of the land on which they grew. The Court below found defendant, Fitz Henry, to be the owner, and in possession of the property sued for. Judgment for defendant. Plaintiff appeals.