Vance

—This is an action of ejectment. It is alleged in the complaint that on the-day of June, 1887, plaintiff “ was the owner in fee-simple, and entitled to the possession,” of the land described as section 31, township 3 north, range 9 east, Mount Diablo base and meridian, and that afterwards, in the same month, the defendant entered on the land, and ousted and ejected the plaintiff therefrom. A general demurrer to the complaint was interposed and overruled. The defendant, Vance, then answered. The answer denied that defendant ever was in possession, or claimed to be in possession, or ever ousted or ejected the plaintiff from the possession, of the west half of the section described, except the southeast quarter of the southwest quarter thereof, which it alleged the defendant owned, and was entitled to the possession of. It then alleged that in the month of April, 1880, defendant came into possession of the east half of the section, and that he “ is now, and ever since has been, continuously, in possession of said land, to the exclusion of every other person, and especially the plaintiff.” It further alleged that the plaintiff’s cause of action was barred by the statute of…