Spiers

The evidence is sufficient to sustain the verdict and judgment as to all of the defendants except Epstein.

It was shown upon the trial, that the lot in question was inclosed with a board fence, a.nd had a house upon it; that a tenant of plaintiff lived with his family upon the premises from May 25th, 1872, to April 27th, 1876; that on the 26th of April the tenant began to move therefrom, finished moving the next day, locked the doors of the' house, and on the following day (the 28th) surrendered the keys to the plaintiff. The day succeeding this being Saturday, and plaintiff being desirous of raising the house, he caused the necessary material for that purpose to he placed on the lot, with the intention of commencing work the following Monday morning. During the intervening Sunday night, the entry complained of was made.

*177 The possession thus shown in plaintiff was sufficient to entitle him to maintain the action, and was not in any sense a scrambling possession, as contended by appellants. By a scrambling possession is meant a struggle for possession on the land itself—not such a contest as is waged in the courts.

The papers in the actions of Voll v. Walsh, Welton v.…