Dreyfus

Ejectment; judgment for defendant. Plaintiff appeals on the judgment roll, which contains a bill of exceptions.

*623 Defendant admitted by his answer that the plaintiff was the owner of the premises in dispute, and that he, defendant, had possessed and occupied them, and averred that his possession and occupation thereof were pursuant to two' leases granted to him by the grantor of plaintiff. From the findings it appears that while one Hope was the owner in fee of 290 acres of the rancho Las Positas, in the county of Santa Barbara, he made two leases to the defendant. The first was executed on the 3d of October, 1885, and recorded on the fourteenth day of the same month, and demised certain land, including about one half of the land in dispute, for the term of five years from the first day of November, 1885, at the annual rental of $375, $250 of which was to be paid in advance. The second lease was executed on December 1, 1885, for the same term, commencing at the same time, and included all the land claimed by plaintiff, together with certain other land, and was not recorded until the twelfth day of October, 1887, six months after plaintiff received his conveyance from Hope. On…