Scheerer

John Bryson, being the owner of certain real estate, leased certain of the rooms in the building thereon to the appellant Los Angeles Lodge No. 42, F. & A. M., for the term of ten years, by a written lease. The lodge took and held actual possession of these rooms, but the lease was not recorded. Subsequently, and while the lodge was in possession, Bryson sold and conveyed the property to the plaintiff, and his deed was duly recorded. Whether the plaintiff had actual notice of possession of the premises by the said appellant, or not, is one of the controverted questions in the case; but it is a conceded fact that he knew of it soon after his purchase, and that he received and collected the rents for the *272 premises from the lodge for six months thereafter, at the rate agreed to be paid in the lease, and that the lease was recorded during this time, and three months’ rent was collected by the plaintiff after the lease was recorded, and he had actual knowledge of its contents. After receiving the rents, be commenced this action in ejectment against the appellants, the other defendants being officers of the lodge. The court below found that, as against the claim of the appellants,…