Burgel

— This is an action of ejectment,— the complaint being in the usual form. Defendant, in his answer, denies that plaintiffs were either the owners or entitled to the possession of the demanded premises. The court found that the plaintiffs were the owners and entitled to the possession of the undivided five sixths of the tract of land described in the complaint as tenants in common with defendant, who is found to be the owner and entitled to the possession of one undivided sixth, and judgment was rendered that plaintiffs recover such undivided five sixths. Defendant moved for a new trial; the motion was denied; and from the order denying the motion, defendant appeals.

There is a short statement on the motion for a new trial, which summarily states that there was evidence which “ proved ” certain facts. (There is some conten *72 tion by respondents that this statement is not sufficiently authenticated; but as the record shows that the statement was settled and allowed by the presiding judge, we must take it to be genuine, and sufficiently certified.) Among other facts shown by this statement to have been “proved” are these: The land in contest was owned by Charles H. Burgel, the…