Sauer

This is an action of ejectment. The court below gave judgment for the defendant, and the plaintiff appeals on the judgment roll.

The facts of the case, as found by the court, are in substance as follows: In November, 1883, the plaintiff leased the demanded premises for the term of ten years and one month from the first day of December following, the rental during the last five years of the term to be “forty dollars per month, payable in gold coin on the first of each and every month, in advance.”

The lease provided that at the expiration or sooner determination thereof the lessees should have the right to remove from the premises all improvements placed thereon by them, and to sublet the premises, or any part thereof, and “that if any rent shall be due and unpaid for the period of ten days after the same should have been paid under the conditions hereof, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said party of the first part to re-enter the said premises and remove all persons therefrom in the manner prescribed by lawn”

During the year 1889, the defendant was in possession, as sublessee, of one half of the leased…