Robinson

This is an action to recover damages •in the sum of two hundred dollars for trespasses alleged to have been committed by the defendant corporation in entering upon the plaintiff’s land, and cutting ditches and trenches thereon, and constructing and using a roadway across the same. The defendant answered by a general denial. Jacob Wenger was permitted to intervene; and in his complaint he set up a written instrument, executed in August, 1877, by the plaintiff as party of the first part, and by himself as party of the second part, which stated that the party of tl.e first part “ does hereby grant unto the said party of the second part the right of way, for logging purposes, over and through that certain tract of swamp and overflowed land [described in plaintiff’s complaint]; and the said party of the first part does hereby further agree not to grant unto any other person a privilege for logging purposes over and across said premises last mentioned.” He then goes on to allege that for twenty years he had been the owner of certain redwood, spruce, and fir timber situated east of and near the premises described in the complaint; that he had sold the said timber to the defendant…