Sawyer

This action was brought by Olney against Sawyer and Baugh, to recover possession of a lot of land situate in the City and County of San Francisco. Judgment was rendered for defendants on the findings, from which plaintiff prosecutes this appeal, on the ground that the facts found do not support the judgment.

The Court found that in September, 1866, one Charles D. Carter was the owner and in actual possession of the portion of land in controversy described in the finding; that on the 13th day of April, 1867, one W. M. Dowling intruded into such possession, and ousted Carter therefrom; that on the 8th day of May, 1867, Dowling conveyed the premises to William Winter and Simon Sawyer, (defendant), at the same time having entered into an agreement with Winter and Sawyer that he should remain in possession of the premises as their tenant. The Court further found, that Dowling did remain in possession of the premises, as tenant of his grantees, until the 26th of October, 187 0, when he surrendered possession to the defendants, who have ever since been in possession; that on the 30th of September, 1869, Winter conveyed his interest in the lot sued for to Herman Wendt; that on the 18th…