Giddings

This is a proceeding under the provisions of section 11G0 of the Code of Civil Procedure, relating to forcible detainer, to recover possession of a tract of land in the county of Tulare. The court gave judgment for plaintiff for the restitution of the land, nine hundred dollars damages, and costs of suit. Defendant appealed from the .judgment, and from an order denying its motion for a new -trial.

The second aud-fifth findings of the court are assailed by appellant, on the ground -that they are not supported by the evidence. The second finding is as follows: “ The plaintiffs herein, for and throughout the period of more than two years last past before the time of the entry by the defendants hereinafter mentioned, were, and continuously had been, and at the time of said entry were, in the open, peaceable, actual, and undisturbed possession and occupancy of -all the land described in the complaint.”

*98 Sibley, one of the plaintiffs, testified: “I have been in possession of the land in controversy for the past three or four years,'—putting it in crops, harvesting, etc. . . . . Giddings and I have had, as partners, the entire, exclusive possession of the land for the past three…