Reay

This is an action of ejectment, and was commenced by plaintiff on February 20, 1866, in the former district court of the fifteenth judicial district, against John Butler and P. H. Owens, who were the only persons named as defendants. In the complaint it is averred that on the first day of January, 1863, *212 plaintiff was “ seised and possessed ” of certain described land, situate in the city and county of San Francisco; and that on said first day of January, 1863, the defendants (Butler and Owens) wrongfully entered upon said land, “ and ousted and ejected plaintiff therefrom, and ever since have held and now hold possession thereof from plaintiff.”

There was a former appeal in this case, reported in 69 Cal. 573 ; and from the opinion of this court, then delivered, it appears that Butler and Owens answered, denying all the averments of the complaint, averring that J. P. Treadwell was “ the owner and in possession” of the land sued for; that they (Butler and Owens) were there only by license of Treadwell, and praying that the latter be allowed to defend the action, and that they be dismissed; and that by leave of court Treadwell filed an intervention in which he set up matters…