Hannan

Ejectment; judgment for plaintiff for possession of the premises and seventy dollars, rents and profits; defendant appeals.

It is conceded that the plaintiff was the owner on August 29, 1883. On that day he gave to the defendant - a contract, in the following words: ■—■

This agreement, it is to be observed, says nothing about possession. But it .is in evidence that the defendant went into possession with the consent of the plaintiff; but whether this consent was verbal or in writing does not appear. The defendant “graded the lots, sunk a well, fenced in the lots, and built barns and other buildings for a milk business,” which improvements he testifies cost him $1,000, but which he states in his answer were “ of the cost and value of $950.” On the day the writing was executed the defendant says he “paid him ten dollars, the first payment”; but nothing further has been paid. On May 4, 1886, the plaintiff tendered to the defendant a sufficient deed of the property, and “ offered to deliver said deed on payment of nine hundred dollars and interest”; but the defendant did not pay any part of said sum, and the deed was riot delivered. The plaintiff then served upon the defendant a…